Last Update: January 12, 2013
Welcome to retree.com, a website operated by People For Cause, a Washington 501(c)3 non profit organization. These Terms of Service constitute a legally binding agreement ("Agreement") governing the terms of providing you with our service. Throughout this document, the words “retree.com,” “us,” “we,” and “our,” refer to us, People For Cause, or our website, retree.com, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this Agreement and consenting to the foregoing Terms of Service.
2. Description of Service
Using our website, www.retree.com or smartphone applications, you can donate trees and purchase products and services that help replenish the earth's supply of trees (“Products”). When purchasing the Products, you help finance the planting of trees on specific continents, regions, countries, states, or cities, either planted directly by us or through our network of partnerships dutifully contracted to execute the planting of trees.
3. Supplied Information
In order for you to donate or make a purchase from us, you must provide us with your name, e-mail address, mailing address, credit card information, and telephone number. In addition to providing us with the above information, you must be at least eighteen years old to sign up, donate, place an order, or, if a higher age of contractual capacity exists in your jurisdiction, then you must be at least that age.
Payment for the Products can either be made by credit card, PayPal's online payments processing service, or Amazon Payments. Please note that we have a policy of responding to any unfounded “chargebacks” on credit cards used to purchase our Products, and any such actions may result in the matter being sent to a collections agency or small claims court. We expect that customers disputing a transaction immediately contact our customer support department at firstname.lastname@example.org.
If you are not the authorized cardholder of the card being used to purchase our Products, you must be authorized in writing by the cardholder to do so.
5. Intellectual Property
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message, which contains:
- Your First and Last Name
- Street Address
- Email Address
- Telephone Number
- Website of the infringing copy
- Name of the party whose copyright has been infringed, if different from your name
- The name, nature, and description of the work that is being infringed upon
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in your notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- You must sign this notification and email it, Attention "Copyright Agent" to email@example.com. You agree that the receipt of your notification via email also constitutes your electronic signature.
6. Representations and Warranties
We make no representations or warranties as to the merchantability of our product or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our service, for reasons including, but not limited to, failure of our Products, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we have given full consideration for your payment at the moment that we provide your order to the post office or courier selected to deliver the order to you, if applicable. We make no representations as to the reliability of the post office or courier, and shall not be liable for any failure on their part, including failure to deliver, or damages to goods.
The provision of our Products to you is conditional upon your agreement with this and all other parts of this Agreement.
You agree to indemnify and hold us harmless for any claims by you or any third party, which may arise from or relate to this Agreement or the provision of our Products to you. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party or parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. You also agree to indemnify us for any damages caused to us by your use of our Product.
9. Choice of Law
This Agreement will be governed by the laws applicable in the county of King, in the state of Washington.
10. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the state of Washington.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that if you bring a dispute against us and the court finds in our favor, you will be responsible for our reasonable attorneys' fees, costs, and disbursements in relation to the dispute.
11. Force Majure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
12. Cancellation of Order
You agree that we may cancel any donation or order that you make with us at any time, for any reason, without warning or compensation, except for fees paid for Products, even if we have been advised that it may result in a loss to you or any other party.
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unlawful or unenforceable provision being included in it.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent from us. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will revise the Last Updated date at the top of this page and by using the service after the posted date, legally binds you to all terms. If you refuse to agree to the amendments, but if you do, you must not order any additional products from us.
16. Entire Agreement
This terms included in this Agreement are final, complete and exclusive of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
17. Contact Information