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Terms of Service

Welcome, and thank you for your interest in Carbon Titans and our website www.carbontitans.com (the "Website" or "Site"), owned and operated by Carbon Titans, LLC, a Delaware Limited Liability Company, referred to in these Terms and Conditions as "Carbon Titans”, “us", "our" or "we".

Unless otherwise specified, all references to our services (the “Service” or "Services") refer to our Carbon Titans Website content and the services and technology available through the Website. The term "user", “customer”, “you” or “your” refers to the user of the Website and our Service.The following Terms and Conditions are a legally binding contract between you and Carbon Titans regarding your use of our Website.

These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with us in respect to any products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED.BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. Our Service

    2. Carbon Titans is a climate change organization focused on carbon sequestering through Redwood afforestation and reforestation. We plant redwoods i.e. Giant Sequoias and/or Coastal Redwoods, referred to herein as the “Tree”, on behalf of our customers, and install a dedication plaque in front of each Tree. For the avoidance of any doubt, the customer does not purchase a Tree and does not obtain any ownership interest in either the Tree or the land on which the Tree has been planted. Once a user has paid Carbon Titans to plant and grow a Tree, we start growing the redwood sapling. Once the user has paid in full, Carbon Titans will purchase land on which to plant the Tree, and prepare it, transplanting trees paid for in full in spring of each year. Only customers who have completed the payment of a Tree in full are permitted to enter upon any of the Carbon Titans owned properties that we have either planted, or intend to plant, trees upon. Customers that have not completed the payment of a Tree will be regarded as a trespasser if they enter upon the Carbon Titan properties. Each customer of a fully paid and transplanted Tree will receive an initial report regarding the Tree, including photo, size, and location details. Carbon Titans will then monitor the Tree and report back to the customer on an annual basis, providing the customer with an updated photo and measurements, including height, width, and trunk diameter, as well as an assessment of the Tree's overall health, and the projected CO2 impact the Tree is expected to make.

  2. Acceptance of Our Terms
    1. Please read the following Terms and Conditions (the "Terms" or the "Agreement") carefully before accessing or using any of the Services. Each time you access or use our Services, and if you are acting on behalf of a third party, such third party, agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to be bound by all of these Terms, you may not access or use our Website or Service. Furthermore, you agree to review the Terms and Conditions and Privacy Policy every time you visit the Site for any changes since your last visit, and you acknowledge that you must accept or decline the Terms and Conditions and Privacy Policy each time you visit the Site.
    2. Carbon Titans may change this Agreement at any time by posting an updated Terms and Conditions on this Website. You agree to review the Terms and Conditions and Privacy Policy every time you visit the Site for any changes since your last visit, and you acknowledge that you must accept or decline the Terms and Conditions and Privacy Policy each time you visit the Site.
    3. In addition, certain areas of the Website and our Service may be subject to additional terms and conditions that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms and conditions applicable to such areas. In the event that any of the additional terms and conditions governing such area conflict with these Terms and Conditions, the additional terms and conditions will control.
  3. Eligibility for Our Service
    1. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement, that you have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, and have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
    2. We reserve the right to revoke your ability to access the Site for any reason at any time including as a result of a violation of these Terms and Conditions or the Privacy Policy, without notice.
    3. As part of our order and subscription processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to provide services due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
  4. Accounts and Registration
    1. To access some features of our Website and Service, you will be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, e-mail address, phone number, date of birth, address or other personal information. Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
    2. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, not to misrepresent your identity or age, not to use any aliases or other means to mask your true identity, and not to use a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
    3. Our collection, use and disclosure of Your Information are governed by this Agreement and our Privacy Policy. For information about the Carbon Titans data protection practices and privacy policies, please read our Privacy Policy. This policy explains how we treat your personal information, and protect your privacy when you use our Services. You agree to the use of your data in accordance with the Carbon Titans Privacy Policy.
  5. Account Management
    1. If you have been issued an account by Carbon Titans, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not Carbon Titans, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Carbon Titans immediately.
    2. Carbon Titans may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
    3. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
    4. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
    5. We reserve the right to refuse to issue an account to anyone, or permit access to the Service to anyone, for any reason at any time.
  6. Subscriptions; Orders
    1. Carbon Titans offers monthly, quarterly, and yearly subscription types. All plans must be subscribed to on an individual basis; however, you can order a subscription for your family or friend(s), for up to nine (9) individuals. You may also purchase subscriptions for other people as gifts. Note that in ordering a subscription for multiple individuals or as a gift, you, as the person placing the order, will be solely responsible for (i) all fees, and (ii) compliance with these Terms, including, but not limited to making changes to your account, form of payment updates, and accessing your account. In addition, Carbon Titans will only collect data in connection with you, the person placing the order, and not other individuals you have chosen to cover with your subscription.
    2. By purchasing a subscription, you expressly acknowledge and agree that Carbon Titans (or our third party payment processor) is authorized to automatically charge your payment method on file based on the subscription plan you have chosen (i.e. Monthly, Quarterly, Yearly) for the duration of your subscription; and that your subscription automatically renews until cancelled by you, the subscriber.
    3. You may cancel, or pause, your subscription at any time before the next auto-bill date, by logging into your account and following the instructions. Or you may email us from the email address used to set up the subscription and request that we cancel, or pause, your subscription at support@carbontitans.com. Your subscription is not considered cancelled until you have received a confirmation email from us stating that the subscription is now cancelled. Similarly, your subscription is not considered paused until you have received a confirmation email from us stating that the subscription is now paused. Note, we do not provide refunds once a subscription is billed. We also reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. In the event you cancel, please note that we may still send you promotional communications about Carbon Titans, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein
    4. Please follow the instructions on the Website to place your order requesting Carbon Titans either Plant a Redwood on your behalf through the Plant a Redwood installment plan option, or, sign up for one of the Carbon Offset Subscriptions. For the avoidance of any doubt, whichever option you choose, you, the customer, are not purchasing a Tree and do not obtain any ownership interest in a Tree or the land on which the Tree has or will be planted on. We reserve the right at any time to accept or decline any order. We reserve the right to cancel your order at any time before we accept it.
    5. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail, billing address or phone number provided at the time the order was placed.
  7. Payment
    1. All payments displayed on our Website are in U.S. dollars unless otherwise indicated. You may make your payment in full at the time of ordering, or you can select an optional interest free installment payment plan (“Installment Option”). Whether you pay in full or select the Installment Option, all payments made to Carbon Titans are final and are not refundable to you.
    2. You may make your payment in full at the time of ordering, or you can select an optional interest free installment payment plan (“Installment Option”). Whether you pay in full or select the Installment Option, all payments made to Carbon Titans are final and are not refundable to you.
    3. Carbon Titans uses a secure third party payment processing gateway to collect, store and process payment information. That information is provided directly to our third party payment processors whose use of your personal information is governed by their Privacy Policy. Carbon Titans does not store this information on our Website or servers. We are not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
    4. You expressly authorize Carbon Titans, and our secure third party payment processor to charge the amounts indicated in your order. The terms of your payment method may be determined by agreements between you and the financial institution you have chosen to make the payment.
    5. You agree that we may charge you, and you will pay to Carbon Titans, any fee or penalty that is assessed or charged to us for a "Chargeback" resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
    6. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Carbon Titans account, you can do so at any time by logging into your account and editing your payment information.
    7. If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, we reserve the right to suspend or revoke access to your account. We may add new fees and charges from time to time. If you want to use a different payment card or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. It is your responsibility to keep your contact information and payment information current and updated.
    8. Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process.
    9. You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
    10. We reserve the right to refuse or cancel any Orders placed for Products listed at an incorrect price, or containing any other incorrect information or typographical errors, whether or not the Order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your Order is canceled, we will promptly issue a credit to your credit card account in the amount of the charge.
    11. We reserve the right to adjust prices or add fees as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes.
    12. All of our products and services are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and services and to substitute products and services without prior notice. We strive to provide you with high-quality products, and given market conditions beyond our control, we may be required to make substitutions from time to time.
    13. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
  8. Cancellation Policy; Refund Policy

    9. You may cancel your order at any time, however all payments made to Carbon Titan are final and not refundable. If you pay in full at the time of ordering the entire amount is not refundable. If you select the Plant a Redwood Installment Option, all installment payments made to Carbon Titans are final and not refundable. If you select one of the Carbon Offset Subscription plans, all subscription payments made to Carbon Titans are final and not refundable. If you select the Installment Option for the Plant a Redwood option, you may request a “one-time” pause of your installment payments for up to six (6) consecutive months, and then resume the installment payments. If you fail to resume the payments after your chosen payment pause window, your order will be cancelled, and no previous payment will be refunded to you. If we are unable to secure land to transplant the Tree by the end of the planting season (i.e., the end of Spring), then we may offer you the option to cancel and refund your order or to transplant in the next available planting season.

  9. Your Access and Use of our Services
    1. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
    2. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
    3. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, (vi) not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site, (vii) Engage in any harassing, threatening, intimidating, predatory or stalking conduct, (viii) Use or attempt to use another user’s account without authorization from such user and Carbon Titans; (ix) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; (x) Develop any third party applications that interact with contributed content or the Sites without our prior written consent; (xi) Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms, (xii) express or imply that any statements you make are endorsed by us, without our specific prior written consent, (xiii) download lists of other users of the Sites and use their information for your own business reasons, (xiv) "frame" or "mirror" any part of the Site, or use meta tags or code or other devices containing any reference to us or the Site in order to direct any person to any other websites for any purpose; (xv) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user, (xvi) create or send unsolicited messages or other electronic communications; and (xviii) submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops).
    4. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
    5. Our Services may now, or in the future, have "publicly accessible areas" that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Carbon Titans shall not, under any circumstances, be liable in any way for any User Content. You, and not us, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Services. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, Intellectual Property Rights infringement claims regarding such User Content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Services. We have the right, but no obligation to review any of your content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You warrant and represent to us that you have the right to enable the Site and Services to use your content without violating any rights you might have in such content or any third party rights in such content. You may remove your content from the Sites at any time; however, you acknowledge that we may retain archived copies of your content. By making your content available to our Service, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Sites is available), and create derivative works of your content. The rights you grant to us are for the limited purpose of operating and providing the Site and Services, improving the Site and Services, and allowing us to develop new services. The reference in this license to "derivative works" is not intended to give us a right to make substantive changes or derivations to your content but does enable other users to redistribute your content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, photo-editing, or other content in connection with your content.
    6. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
    7. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your order or use of the Services.
  10. Intellectual Property Rights
    1. Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by Carbon Titans. You may not use the Proprietary Marks without our prior written permission.
    2. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
    3. The information, content, documentation, guides, descriptions, advice, data and any other content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all photographs, images, videos, text, graphics, charts, pictures, audio files, line art, icons and renditions, are copyrighted by Carbon Titans or are otherwise licensed to us, or to Our Content suppliers.
    4. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work").
    5. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, listening to, or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content or the Collective Work.
    6. You are solely responsible for any damages resulting from your infringement of our, or any third-party, intellectual property rights regarding the Trademarks, Copyrights, Our Content, the Collective Work and/or any other harm incurred by us, or our affiliates, as a direct, or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
  11. Proprietary Rights

    12. As between Carbon Titans and you, Carbon Titans or our licensors own and reserve all right, title and interest in and to the Website, the Service and all technology and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Carbon Titans.

  12. Use of Our Content
    1. We grant you a limited, revocable, non-exclusive, non-sublicensable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
    2. You may not modify Our Content or the Collective Work, or utilize them for any commercial purpose or any other public display, performance, sale or rental; nor may you decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity. We may display content, advertisements, and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse, or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Carbon Titans is not responsible or liable in any manner for such interactions or Third Party Content.
    3. Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Sites. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive.
  13. Information Accuracy

    14. We attempt to ensure that information on our Website and in our Service is complete, accurate and current. Despite our best efforts, the information in our Service may occasionally contain historical data, be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information in the Service. Furthermore, information in the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.

  14. Third Party Links, Services and Content

    15. Our Website may now, or in the future, contain features, services and functionalities linking you to, or providing you with access to third party services, products, advertisers, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs and the Internet as a whole. Because we have no control over such websites and resources, we are not responsible for the availability of such external sites or resources. Furthermore, we do not endorse, and are not responsible or liable for any content, products, advertising or other materials on, or available from, such websites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms and Conditions and Privacy Policy, and you release us from any liability. Carbon Titans makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

  15. Electronic Communications
    1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
    2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additional charges from your telecommunication carrier may apply.
  16. Security

    17. Violating the security of our Services is prohibited and may result in criminal and civil liability. Carbon Titans may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

  17. Limitation of Warranties; Disclaimers
    1. ALL SERVICES AVAILABLE FROM CARBON TITANS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARBON TITANS AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “CARBON TITANS PARTIES”) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AVAILABLE ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
    3. OUR SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS WEBSITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES AND INFORMATION ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE;HOWEVER WE HAVE NO OBLIGATION TO DO SO.
    4. THE CARBON TITANS PARTIES DO NOT WARRANT THAT THE WEBSITE, OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
    5. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
    6. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU..
  18. Limitation Of Liability
    1. IN NO EVENT SHALL CARBON TITANS PARTIES BE RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON, OR USE OF, OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
    2. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER INFORMATION, SERVICES OR GOODS PURCHASED, OR RECEIVED THROUGH, OR ADVERTISED ON, THE WEBSITE, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY TO LOST PROFITS, OR LOST DATA. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
    3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
    4. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF CARBON TITANS, AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS, IN CONNECTION WITH, OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED $100.00.
    5. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    6. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
  19. Indemnity
    1. You agree that you will be personally responsible for your use of the Carbon Titans Service; and you further agree to defend, indemnify and hold harmless Carbon Titans and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of, the Service; (ii) your violation of these Terms and Conditions or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; and (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy rights.
    2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  20. Release
    1. By using our Services and Products, you release, to the maximum extent allowed by law, Carbon Titans, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services.
    2. If you enter upon the physical sites on which the Trees are planted you hereby voluntarily assume all risk associated with your visit, and furthermore release, to the maximum extent allowed by law, Carbon Titans, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including physical harm or death. Only customers who have completed the payment of a Tree in full are permitted to enter upon any of the Carbon Titans owned properties that we have either planted, or intend to plant, trees upon. Customers that have not completed the payment of a Tree will be regarded as a trespasser if they enter upon the Carbon Titan properties.
    3. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
  21. Interruption of Service
    1. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
    2. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
  22. Governing Law

    23. This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Delaware in and for the County in which Carbon Titans has established its principal office.

  23. Our Remedies
    1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
    2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Delaware in and for the County in which Carbon Titans has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
  24. Dispute Resolution

    25. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

    You and Carbon Titans agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Carbon Titans (including any claim or dispute between you and a third-party agent of Carbon Titans) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Carbon Titans or its agents, or any orders placed through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.

    1. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Carbon Titans, except as otherwise stated in this Agreement.
    2. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Carbon Titans, whether arising out of or relating to these Terms and Conditions (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and Carbon Titans are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    3. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND CARBON TITANS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARBON TITANS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
    4. Pre-Arbitration Dispute Resolution. We at Carbon Titans believe that most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@carbontitans.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Carbon Titans should be sent to the address provided in the Contact Us section at the end of these Terms and Conditions ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Carbon Titans and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Carbon Titans may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Carbon Titans or you shall not be disclosed to the arbitrator during the arbitration proceeding.
    5. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Conditions as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and Conditions and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Carbon Titans and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Carbon Titans agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
    6. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    7. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms and Conditions will continue to apply.
    8. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Delaware in and for the County in which Carbon Titans has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Delaware; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Delaware.
  25. Law Enforcement

    26. Carbon Titans is committed to cooperating with law enforcement while respecting each individual's right to privacy. If Carbon Titans receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.

  26. Notice To California Residents

    27. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., SuiteN-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Website.

  27. Amendments to this Agreement

    28. We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. You agree to review the Terms and Conditions and Privacy Policy every time you visit the Site for any changes since your last visit, and you acknowledge that you must accept or decline the Terms and Conditions and Privacy Policy each time you visit the Site. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

  28. Severability

    29. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

  29. No Waiver

    30. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

  30. Entire Understanding

    31. This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

  31. Copyright Infringement; Notice and Take Down Procedures

    32. Carbon Titans specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on these Sites infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Carbon Titans will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

    Carbon Titans C/o The Corporation Trust Company
    1209 Orange Street
    Corporation Trust Center
    Wilmington, Delaware 19801

    To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

    • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    To contact us with any questions or concerns in connection with these Terms or the Sites, or to provide any notice under these Terms, please contact us.

  32. Audit Rights

    33. You agree that we may audit your use of the Site and Services for compliance with these Terms at any time. In the event that such audit reveals any use of the Site or Services by you other than in full compliance with these Terms, we shall have the right to immediately cancel your account, and you shall reimburse us for all reasonable expenses related to such audit in addition to any other liabilities to which you may be subject as a result of such non-compliance. You acknowledge that we shall have the right to enforce the provisions of these Terms directly against you and our remedies for any breaches may include, without limitation, damages or injunctive or other equitable remedies.

  33. E-mail and Text Communications

    34. E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available sales and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Sites).

  34. Surveys and Feedback

    35. We may periodically present you with surveys or solicit your opinion about the Site and Services. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

  35. Promotions

    36. We may periodically feature promotions (“Promotions”) on our Sites and you will have the opportunity to participate in such Promotions. By participating, you acknowledge that third parties are responsible for such Promotions and for ensuring that such Promotions comply with all applicable laws, rules, and regulations. We recommend that you carefully review the Official Rules, including any applicable privacy policy, these Terms, and any additional information or links provided in the Official Rules regarding such Promotions. You acknowledge and agree that we are not responsible or liable for the failure of any third party to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any Promotion.

    WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SERVICE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.

    Promotions may require you to provide personal information in order to participate. In the event that you choose to provide personal information, you acknowledge and agree that we may use any such information you provide consistent with these Terms of Use and our Privacy Policy.

    You acknowledge and agree that we are not responsible or liable for use or distribution of information you provide in a Promotion. Please see the rules and privacy policy for each Promotion on how it will use your personal information.

  36. Contact Us

    37. If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@carbontitans.com or mail us here:

    Carbon Titans C/o The Corporation Trust Company
    1209 Orange Street
    Corporation Trust Center
    Wilmington, Delaware 19801

    Last updated: January 20, 2023