US Website Terms
Last Updated: May 2, 2022
Welcome to the website operated by CarbonPay Inc (“CarbonPay,” “we,” “us,” or “our”). This Website (the “CarbonPay Website” or the “Website”) provides general information about CarbonPay and its products and services.
Use Of The Website
You must be at least 18 years of age to use the CarbonPay Website. You agree to use the CarbonPay Website only for lawful purposes:
- Specifically you agree not to do any of the following: (1) upload to or transmit on the CarbonPay Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the CarbonPay Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the CarbonPay Website any advertisements or solicitations of business; (6) restrict or inhibit use of the CarbonPay Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the CarbonPay Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the CarbonPay Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the CarbonPay Website, or which, as determined by CarbonPay, may harm CarbonPay or users of the CarbonPay Website or expose them to liability.
- By uploading or otherwise transmitting material to any area of the CarbonPay Website, you represent and warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the CarbonPay Website, that the material is accurate, and that you will indemnify CarbonPay from all claims resulting from such material. You grant to CarbonPay the right to use all content you upload or otherwise transmit to the CarbonPay Website in any manner CarbonPay chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. You may post any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
- CarbonPay reserves the right, but does not assume any responsibility, to (1) remove any material posted on the CarbonPay Website which CarbonPay, in its sole discretion, deems inconsistent with the foregoing commitments, including any material CarbonPay has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the CarbonPay Website. However, CarbonPay can neither review all material before it is posted on the CarbonPay Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, CarbonPay assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. CarbonPay reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, CarbonPay has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
- Your failure to comply with the provisions of (A) or (B) above may result in the termination of your access to the CarbonPay Website and may expose you to civil and/or criminal liability.
Accounts and Passwords
To access some features of the CarbonPay Website, you may be required to register for an account. When you register for an account you will be asked to provide us with some information about yourself. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others.
Copyright Restrictions / Use of Content
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to CarbonPay or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the CarbonPay Website for personal use or legitimate business purposes related to your role as a current or prospective customer of CarbonPay. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of CarbonPay, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the CarbonPay Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with CarbonPay or the applicable owner of such content. Except as expressly authorized by CarbonPay in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Website, (ii) access to this Website, or (iii) use of this Website or of any services or materials available through this Website.
The term “CarbonPay” is a trademark and the CarbonPay logo and all related product and service names, designs and slogans on our Website are trademarks of CarbonPay or its affiliates. You may not use such marks without CarbonPay’s prior written permission. All other names, brands and marks not owned by CarbonPay are used for identification purposes only and the property of, and may be trademarks or registered trademarks of, their respective owners.
Liability of CarbonPay
CarbonPay does not assume any liability for the materials, information and opinions provided on, or available through, the CarbonPay Website (the “Site Content”). Reliance on the Site Content is solely at your own risk, and CarbonPay disclaims any liability for injury or damages resulting from the use of any Site Content.
THE CARBONPAY WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER CARBONPAY NOR ANY PERSON ASSOCIATED WITH CARBONPAY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE CARBONPAY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER CARBONPAY NOR ANYONE ASSOCIATED WITH CARBONPAY WARRANTS OR REPRESENTS THAT THE CARBONPAY WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE CARBONPAY WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CARBONPAY WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT OF THE LAW, CARBONPAY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL CARBONPAY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE CARBONPAY WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CARBONPAY WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY CARBONPAY AND WHETHER OR NOT CARBONPAY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE CARBONPAY WEBSITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE PERIOD OF TIME DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF CARBONPAY INCLUDING, WITHOUT LIMITATION, ANY INACCURACY, INTERRUPTION OR DELAY IN TRANSMISSION BY THE TELECOMMUNICATIONS CARRIER USED TO ACCESS THE INTERNET OR WIRELESS WEB, OR ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. CARBONPAY SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE WEBSITE ARISING FROM ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE.
Submission and Protection of Personally Identifiable Information
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CARBONPAY AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CARBONPAY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CARBONPAY OR LAW ENFORCEMENT AUTHORITIES.
Comments and Submissions
CarbonPay welcomes your comments. All comments, suggestions or other information sent by you to this Website will become CarbonPay’s property, and you agree that all intellectual property rights therein are transferred to CarbonPay. You understand that any postings to publicly available portions of the CarbonPay Website are non-confidential for all purposes.
Links to Other Sites
The CarbonPay Website may contain links to other web sites on the Internet. These links are provided solely as a convenience to you, and CarbonPay is not responsible for, and does not endorse the content, products or services of, any third-party Websites, including, without limitation, sites framed within the CarbonPay Website or third-party advertisements, and CarbonPay does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such web sites.
Agreement to Conduct Electronic Transactions
We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Website. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. If you enter into a transaction with us via the Website, you acknowledge that you have read our Please carefully read our Agreement to Conduct Electronic Transactions (available on www.carbonpay.io). We need your affirmative consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically, and agree to the terms and conditions set forth therein.