ECOSYSTEM MARKETPLACE GLOBAL CARBON DATA DASHBOARD END-USER TERMS OF SERVICE

Last Updated: April 26, 2021

These Terms of Service (“Terms”) apply to the use of all services provided by Forest Trends, (“Forest Trends” or “we”, “our”, or “us”), in connection with our Ecosystem Marketplace Global Carbon Data Dashboard (the “Dashboard”). These Terms govern the relationship between you and us regarding your use of the Dashboard. By accessing, using, downloading, or installing any part of the Dashboard you agree to these Terms and agree to be bound by them. These Terms affect your legal rights and obligations. If you do not agree to these Terms, you may not access or use the Dashboard. Use of the Dashboard is void where prohibited.

We reserve the right, at our sole discretion, to make changes to these Terms at any time. Your continued use of the Dashboard will be deemed to confirm your acceptance of the updated Terms. In addition to these Terms, you agree to abide by any supplemental policies relating to the Dashboard, whether currently in effect or implemented in the future, such as policies related to specific services (including without limitation special grantor services, mail-based subscriptions, forums, events, consulting services, etc.) as well as any and all other related operating rules, requirements, or policies, each of which is incorporated by reference where applicable (collectively, “Supplemental Policies”).

Accessing, using, downloading, or installing the Dashboard may be prohibited or restricted by your network provider and some or all parts of the Dashboard may not work with your network provider or device. This is something that is beyond our control and for which we assume no responsibility.

  1. License

Subject to you agreeing to these Terms and your continued compliance with these Terms and any Supplemental Policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Dashboard.

You shall not sell, rent or give away your access to the Dashboard or any information provided in or through the Dashboard (“Data”). Without otherwise limiting the foregoing, you may use Data prepared from other publicly-available sources for non-commercial purposes, subject to any terms and conditions applied to use of the information by the third-party source. You shall not create accounts for the Dashboard by using false identities or information, create accounts for the Dashboard on behalf of another person or entity other than yourself unless that person or entity has authorized you to do so and has explicitly agreed to be bound by these Terms. We reserve the right to remove or reclaim any accounts at any time and for any reason, including but not limited to indications that the account is associated with improper use of the Dashboard or the Data as determined by Forest Trends in its sole and absolute discretion.

You shall not use or access the Dashboard if you have previously been prohibited from using any part of the Dashboard by Forest Trends, unless Forest Trends determines, in its sole and absolute discretion, to restore your ability to access and use the Dashboard and notifies you in writing of same.

     a. License Limitations & Acceptable Use

Your use of the Dashboard is strictly tied to your compliance with these Terms. Any use of the Dashboard in violation of these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability to Forest Trends or other liability for violations of law.

You agree that you will not, under any circumstances:

  • use the Dashboard for fraudulent or abusive purposes (including, without limitation, by using the Dashboard to impersonate any person or entity, or otherwise misrepresent your affiliation with any person, entity or third-party services);
  • interfere with or disrupt the Dashboard, servers or networks that provide the Dashboard;
  • attempt to decompile, reverse engineer, disassemble or hack any of the Dashboard or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Forest Trends or our third-party technology partners;
  • solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Dashboard;
  • ‘harvest’, ‘scrape’, collect, post or monetize the Data or access to the Data, including without limitation any derivations, modifications, or aggregations of Data;
  • disclose or distribute, or cause others to disclose or distribute any of the Data, including any derivations, modification, or aggregations of the Data, other than employees, officers, affiliates, directors, partners or agents of the entity you are employed with and who represent in writing that they personally agree to be bound by these Terms, except as otherwise permitted by these Terms;
  • monetize the disclosure, access or distribution of the Dashboard or Data to third parties in any way.
  • institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Dashboard, or other attempts to disrupt the Dashboard or any other person’s use or enjoyment of the Dashboard;
  • disobey any requirements or regulations of any network connected to the Dashboard;
  • circumvent technological measures designed to control access to, or elements of, the Dashboard;
  • violate the rights of any third party, including intellectual property rights; or
  • do anything else that we deem not to be within the spirit or intent of the Dashboard.

You acknowledge and agree that you are responsible for your actions involving your use of the Dashboard and your Dashboard account.

We reserve the sole and absolute right to determine what conduct we consider to be in violation of these Terms. We reserve the right to take action as a result, which may include terminating your access to the Dashboard in whole or in part, or implementing any other limitations or restrictions on your use of the Dashboard in our sole and absolute discretion.

  1. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE USER ACCOUNTS OR ACCESS TO THE DASHBOARD AND DATA OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE DASHBOARD OR THE DATA, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ANY BENEFITS, OR PRIVILEGES ASSOCIATED WITH YOUR USE OF THE DASHBOARD OR THE DATA, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE ANY OTHER FOREST TRENDS SERVICES, WEBSITES, CONTENT, TOOLS, OR ANY PORTIONS OF THE FOREGOING, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING SAME IF WE BELIEVE THAT YOU ARE CREATING A RISK TO US OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR SUPPLEMENTAL POLICIES.

We reserve the right to stop offering and/or supporting the Dashboard or any part of the Dashboard at any time, at which point your license to use the Dashboard or a part thereof will be automatically terminated. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinuation. Termination of your account will result in your loss of access to the Dashboard.

You may terminate your account at any time and for any reason by contacting us at [email protected] or by using the “contact support” function available in some Dashboard.

  1. Third-Party Material

The Dashboard or Data may contain information or content prepared or provided by third parties. Forest Trends makes no guarantees and assumes no responsibility for such third-party information and/or content.

  1. Ownership

       a. Intellectual Property Rights

All rights, title and interest in and to any and all proprietary rights in the Dashboard and the Data  (collectively, “Forest Trends IP”) are owned by or licensed to Forest Trends, subject to copyright, trademark rights, and other intellectual property rights under United States and any other applicable laws. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Dashboard and the Data. Except as expressly provided in the Terms, we do not grant any express or implied rights in or to the Forest Trends IP.

       b. Accounts

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY DASHBOARD ACCOUNT, THE DASHBOARD ITSELF, OR THE DATA, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT, THE DASHBOARD, AND THE DATA, ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FOREST TRENDS TO THE FULL EXTENT PERMITTED BY LAW.

  1. Fees

You agree to pay any and all applicable fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the goods and services offered through the Dashboard at any time. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE IS VOLUNTARY OR INVOLUNTARY.

  1. Updates to the Service

You understand that the Dashboard is constantly changing and evolving. We may require that you accept updates to the Dashboard. You acknowledge and agree that we may update the Dashboard, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to continue to access and use the Dashboard.

  1. Beta tests

Forest Trends may offer you a chance to participate in beta tests (open or closed) of certain parts of the Dashboard. Your participation in such beta tests may be subject to a separate non-disclosure agreement and/or Supplemental Policies.

By applying to and/or participating in beta tests you acknowledge and accept that:

  1. Due to the unfinished and experimental nature of the beta tested parts of the Dashboard, we may not provide any customer service or assistance regarding such parts of the Dashboard. The parts of the Dashboard being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.
  2. Any feedback or idea submitted by you to Forest Trends regarding the beta tested parts of the Dashboard may be utilized by Forest Trends without any compensation to you. By submitting or creating any material, content or feedback regarding the beta tested parts of the Dashboard, you grant to Forest Trends an unlimited, sublicensable, cost-free, royalty-free, nonexclusive and transferable license to use such material, content and/or feedback in any manner.
  3. Your application to participate in beta tests does not entitle you to be invited to, or to participate in, any beta test offered by Forest Trends.
  1. Personal Data, Privacy, and Security

Our use of your personal data is governed by the Forest Trends Privacy Policy, available at https://www.forest-trends.org/privacy-policy/. You authorize us to process your personal data in accordance with the Forest Trends Privacy Policy by downloading, installing, accessing or using the Dashboard. The Forest Trends Privacy Policy is a Supplemental Policy.

We shall take appropriate measures to prevent unauthorized access to, improper use of, and the reasonable accuracy of your personal data submitted to us via the Dashboard. We use various technologies, including, in certain instances, encryption, to ensure commercially reasonable security standards. Any data that is stored on our servers (which may include servers operated on our behalf by third parties) is not generally available to the public. However, the use of Internet and software services always includes potential security risks.

  1. Disclaimer of Warranties

EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, THE DASHBOARD AND ANY RELATED DATA, INFORMATION, SYSTEMS, OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR RESULTING FROM FRAUD BY FOREST TRENDS, FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY FOREST TRENDS, OR UNDER A JURISDICTION’S APPLICABLE PRODUCT LIABILITY LAWS.

To the extent permitted by law, you agree to indemnify, defend and hold Forest Trends (and our officers, directors, agents, employees, and affiliates) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Dashboard, or any breach by you of these Terms. We reserve the right, at our own expense and in our sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Dispute Resolution; Governing Law; Venue

If a dispute arises between you and Forest Trends, we strongly encourage you to first contact us at [email protected] to seek a resolution. All disputes between you and Forest Trends shall be governed by the laws of the United States and the District of Columbia, without regard to conflict of law provisions. You agree that any legal claim or dispute you may have against Forest Trends is subject to the exclusive jurisdiction of the state and federal courts in the District of Columbia.

  1. Severability

You and Forest Trends agree that if any portion of these Terms or the terms of any Supplemental  Policies are found to be unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms or policies, which shall continue to be in full force and effect.

  1. Assignment

We may assign or delegate these Terms and any Supplemental Policy incorporated by reference herein, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or any Supplemental Policy without our prior written consent.

  1. Supplemental Policies

We may publish additional or supplementary policies or terms related to other specific services which Forest Trends may develop. Your right to use such services is subject to those specific policies and supplemental terms, in addition to these Terms. To the extent any supplemental policies or terms are found to conflict with these Terms, these Terms shall govern.

  1. Entire Agreement

These Terms, any Supplemental Policies, and any documents expressly incorporated by reference herein, contain the entire understanding between you and Forest Trends, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Dashboard, Data, and any information contained therein.

  1. Waiver

Our failure to require or enforce strict performance by you of any provision of these Terms or Supplemental Policies or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.

Our express waiver of any provision, condition, or requirement of these Terms or Supplemental Policies shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Forest Trends shall be deemed a modification of these Terms nor legally binding, unless documented in writing, and expressly agreed to by you and Forest Trends in writing.

  1. Notices

We may provide any notices to you regarding the Dashboard via the Dashboard or to any other contact information you provide to us. All notices given by you or required from you under these Terms or Supplemental Policies shall be in writing and addressed to [email protected] and include the term “Legal” in the subject line. Any notices that you provide without compliance with this Section shall have no legal effect.

  1. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms to Forest Trends are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Dashboard, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Dashboard and agree to limit your claims to claims for monetary damages, subject to these Terms and applicable law.

  1. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation, acts of God, pandemics or epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Contact information:

Forest Trends Association

Address: 1203 19th St. NW, Washington, DC 20036

Email: [email protected]

Website: https://www.ecosystemmarketplace.com/

 

 

 

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