Terms and Conditions

1. Introduction

Welcome to The Tree Collective ("we," "our," "us", or "Tree Collective"), owned and operated by The Tree Collective, SPBLLC, a Kansas statutory public benefit limited liability corporation. These Terms and Conditions ("Terms") govern your access to and use of the Tree Collective website, applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Our Services provide a platform for individuals and businesses to finance tree planting projects globally through subscriptions and one-time payments. We work with partners, non-profits, and other organizations that perform the actual tree planting activities.

2. Definitions

In these Terms, the following definitions apply:

"User," "you," and "your" refer to individuals or entities accessing or using our Services.
"Account" means a registered account with Tree Collective.
"Subscription" refers to recurring payment plans for tree planting services.
"One-off Payment" refers to non-recurring payments for tree planting services.
"Tree Planting Partners" refers to the organizations we work with to implement tree planting projects.
"Affiliate Program" refers to our referral program as described on our Affiliate page.

3. Account Registration

To use certain features of our Services, you must register for an account. When you register, you agree to:

Provide accurate, current, and complete information.
Maintain and promptly update your account information.
Keep your password secure and confidential.
Be responsible for all activities that occur under your account.
Notify us immediately of any unauthorized use of your account.

Business accounts may add team members or employees. The business is responsible for all activities conducted by its team members through the account.

4. Subscription and Payment Terms

We offer various subscription plans and one-off payment options for our tree planting services:

Billing Cycles: Subscriptions are billed on either a monthly or yearly basis, as selected at checkout.
Automatic Renewal: Subscriptions automatically renew until canceled.
Cancellation: You may cancel your subscription at any time through your account settings. No questions will be asked, and cancellation takes effect at the end of your current billing period.
Refunds: You may request a refund within 30 days of purchase for yearly plans or within 30 days of the last billing date for monthly plans. Refunds only apply to the most recent billing period. One-off payments may also be refunded within 30 days of purchase. For more details, please see our Refund Policy.
Payment Processing: We use Stripe for payment processing, which has its own terms of service and privacy policy.
Price Changes: We reserve the right to change our prices. If we do so, we will notify you before the changes take effect.

5. Tree Planting Services

Our Services facilitate the financing of tree planting projects. The number of trees planted is an estimate based on the cost per tree as determined by our Tree Planting Partners. The actual planting is performed by our Tree Planting Partners, not by Tree Collective directly.

We make reasonable efforts to ensure that our Tree Planting Partners are reputable organizations committed to sustainable tree planting practices. However, we cannot guarantee specific outcomes of tree planting projects, including tree survival rates or exact environmental impacts.

The calculations of trees being planted are estimates and may not be exact. Discrepancies may occur between our calculations and the actual number of trees planted by our partners due to various factors including, but not limited to, changes in planting costs, seasonal variations, and local conditions. While we strive for accuracy in our estimates, the actual number of trees planted may vary.

6. Intellectual Property Rights

All content on our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Tree Collective or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

Our name, logo, and other Tree Collective marks, graphics, icons, and service names are trademarks or trade dress of The Tree Collective, SPBLLC. You may not use these marks without our prior written permission.

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for their intended purposes, subject to your compliance with these Terms.

7. Third-Party Software and Services

Our Services utilize various third-party software and services, including but not limited to Rewardful for our affiliate program, Google Analytics for website analytics, and other third-party tools for payment processing, communication, and service delivery.

These third-party services may have their own terms of service and privacy policies. By using our Services, you acknowledge and agree that you may also be subject to the terms and policies of these third parties. We are not responsible for the practices, terms, or policies of these third-party services, and we encourage you to review their terms and policies.

We make no warranties or representations regarding the accuracy, reliability, or functionality of any third-party software or services integrated with our Services. Any issues arising from the use of third-party software should be directed to the respective third-party provider.

8. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Violating any applicable laws or regulations.
Infringing on the intellectual property rights of others.
Attempting to gain unauthorized access to our Services, other accounts, or computer systems.
Using our Services for any illegal or unauthorized purpose.
Interfering with or disrupting our Services or servers.
Scraping, data mining, or otherwise collecting data from our Services without our consent.
Using bots, scripts, or automated methods to access or interact with our Services.
Impersonating another person or entity.
Engaging in any activity that could harm our Services, users, or Tree Planting Partners.
Attempting to reverse engineer, decompile, or disassemble any portion of our Services.

9. Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use our Services will immediately cease.

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

10. Disclaimers and Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF OUR SERVICES' CONTENT.

WE DO NOT GUARANTEE SPECIFIC OUTCOMES OF TREE PLANTING PROJECTS, INCLUDING BUT NOT LIMITED TO TREE SURVIVAL RATES, CARBON SEQUESTRATION AMOUNTS, OR OTHER ENVIRONMENTAL IMPACTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREE COLLECTIVE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND TREE PLANTING PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING OUR OBLIGATIONS DUE TO EVENTS OUTSIDE OUR REASONABLE CONTROL.

WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING OUR TREE PLANTING PARTNERS.

WE ARE NOT LIABLE FOR ANY INACCURACIES IN THE CALCULATION OF TREES PLANTED OR ENVIRONMENTAL IMPACT ESTIMATES. THESE CALCULATIONS ARE PROVIDED AS APPROXIMATIONS ONLY AND MAY VARY FROM ACTUAL RESULTS DUE TO NUMEROUS FACTORS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO CHANGES IN PLANTING COSTS, SEASONAL VARIATIONS, LOCAL CONDITIONS, AND DISCREPANCIES IN REPORTING FROM OUR TREE PLANTING PARTNERS.

WE ARE NOT LIABLE FOR ANY ISSUES, ERRORS, OR FAILURES RELATED TO THIRD-PARTY SOFTWARE OR SERVICES THAT WE USE TO PROVIDE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PAYMENT PROCESSORS, ANALYTICS TOOLS, AFFILIATE MANAGEMENT SYSTEMS, OR OTHER INTEGRATED TECHNOLOGIES.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tree Collective, its affiliates, officers, directors, employees, agents, and Tree Planting Partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use of our Services;
Your violation of these Terms;
Your violation of any rights of another person or entity; or
Your violation of any applicable laws or regulations.

13. Dispute Resolution

Any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in Kansas, unless we mutually agree to conduct it elsewhere.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by law, you agree that any arbitration shall be conducted on an individual basis, and not as a class, consolidated, or representative action.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law principles.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will update the "Last Updated" date at the top of these Terms.

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms.

We may provide notifications of material changes through our Services or via the email associated with your account.

16. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and us regarding our Services.

Severability: If any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.

Force Majeure: We shall not be liable for any failure to perform our obligations where such failure is a result of acts of nature, government actions, or other forces beyond our control.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]

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