Terms of Service

These Terms of Use (the “Terms of Use”), together with any and all other documents referred to herein, set out the terms of use under which you may use this website, Offset.org™ (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.

YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE AND THAT BY AGREEING TO THESE TERMS YOU MAY BE LIMITING YOUR RIGHTS. IF YOU DO NOT AGREE WITH ANY PORTION OF THE TERMS OF USE, IMMEDIALY STOP ACCESSING OR USING OUR SITE.

1. Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 5;

“Carbon Offset Credits” means purchasable credits used as part of a carbon trading mechanism that enable entities to compensate for their website’s greenhouse gas emissions by investing in projects that reduce, avoid, or remove emissions elsewhere. When an entity invests in a carbon offsetting program, it receives carbon credits.

“Certification Badge” means Our current and authorized certification badge signifying that the associated website has purchased sufficient Carbon Offset Credits as calculated by Our Sute so that the website is considered carbon neutral by Us.

“Content” means any and all text, images, audio, video, scripts, code, software, databases, statistics, digits, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site including but not limited to carbon offset data calculations;

“Member” means a User who has registered to use Our Site;

“Our Site” or “Our Website” means the website located at www.Offset.org;

“User” means a user of Our Site;

“We/Us/Our/Offset.org™” means Navyblu Management Ltd LLC doing business as Offset Foundation Ltd, with a mailing address of 7901 4th St. N. Ste 300, St. Petersburg, Florida, 33702.

2. Information About Us

2.1 Our Site, Offset.org™, is owned and operated by Navyblu Management Ltd LLC doing business as Offset Foundation Ltd.

2.2 Offset.org™ enables you to offset your website’s carbon footprint by purchasing Carbon Offset Cand displaying Our Certification Badge on your website. Our Certification Badge is not an endorsement of any third party or such third party’s activities including you and/or your business.

3. Access to Our Site and Age Restrictions

You must not use Our Site unless you are of the legal age permitted in your jurisdiction to visit Our Site. By using Our Site or agreeing to the Terms of Use, you warrant and represent to us that you are at least 21 years of age and/or are compliant with any other local laws or regulations in your jurisdiction regarding use of Our Site which are applicable to you.

If We have any reason to suspect that you are under this age or otherwise do not meet any other applicable requirements, we reserve the right to suspend or terminate your access to Our Site.

It is your responsibility to make any and all arrangements necessary in order to access Our Site, including but not limited to any hardware or software requirements.

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

If you are not permitted to visit our use Our Site you must cease such visit or use immediately.

3. Accounts

Certain parts of Our Site (including the ability to calculate website carbon emissions and corresponding offsets) may require an Account in order to access them.

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

By purchasing carbon offset credits for a website and by displaying Our Certification Badge on the website, you are representing and warranting that you are either the owner of the website or are duly authorized by owners of the website to purchase the carbon offset credits and display Our Certification Badge on the website.

We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately via https://offset.org/en/contact/#/contact. We will not be liable for any unauthorised use of your Account.

You must not use anyone else’s Account.

Any personally identifying information provided in your Account will be collected, used, and held in accordance with Our Privacy Policy (www.Offset.org/Privacy)

If you wish to close your Account, you may do so at any time. Closing your Account may result in the permanent removal and deletion of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. If you close your Account, any Account data and/or Content related to you and/or your website may be deleted.

You are responsible for any activity on Our Site arising out of any failure to keep your Account credentials, including but not limited to your password confidential, and may be held liable for any losses or damages arising out of such a failure. You agree to indemnify and hold Us harmless from any losses, damages, costs, expenses, and legal fees arising as a result of your failure to keep your Account details confidential or use of your Account by another person whom you have provided access or enabled access.

Further information on how to use Our Site is available on Our Site and all requirements, procedures, directions, terms and conditions therein are incorporated herein in the Terms of Use by reference, except where such provisions are inconsistent with the Terms of Use and in such case the Terms of Use shall prevail and take precedence over any provision to the contrary.

5. Billing

5.1 All applicable charges and fees in respect of Carbon Offset Credits will be charged against the payment method which you selected and/or was available to you. You authorize Our payment-processing agent or Us to make these charges using your selected billing method. For payment by credit or debit card, you must ensure that all your credit or debit card information is current and accurate and inform Us of any change in your billing address, card number, or expiration date. You must promptly notify Us if your credit or debit card is cancelled, lost, or stolen-or if there is an unauthorized use of your username or password because We will charge you for all applicable charges incurred under your account. By giving us your credit or debit card number, you authorize Us to submit all charges to your credit or debit card without further approval from you until you give Us notice that you have cancelled your account or wish to change your payment method and We have had a reasonable time to respond. In order to facilitate future transactions on Our Site, it may be necessary for Us or our agents, credit card processors, or payment gateways, to store your credit card number or debit card number. Such numbers are stored in secure formats, including, but not limited to, encrypted, masked, or tokenized. You consent to this storage and authorize Us to use your credit card number and/or debit card number for future transactions on our Site.

5.2 Monthly Payments. If you elect to pay for Carbon Offset Credits on a monthly basis your entitlement to use and display Our Certification Badge shall terminate upon your termination of such monthly payments and/or upon expiry of the monthly period for which you have paid. It is your responsibility to ensure that your monthly payments in respect of Carbon Offset Credits is maintained and kept current if you wish to continue to use Our Carbon Certification Badge. Any failure to make a requirement monthly payment may result in the immediate disabling of Our Carbon Certification Badge. You must cease all use of Our Carbon Certification Badge upon expiry or termination of your monthly payments.

5.3 Foreign Transaction Fees. We may use credit card processors or banks outside of your jurisdiction to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Credits, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.

5.4 Sales Final. Subject to Section 5.8, you agree that all payments made on our Site are final and that you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will open a support ticket through Our Site to resolve the issue. Should a dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank.

5.5 Chargebacks and related fees. You are responsible for any credit card chargebacks and related fees that We incur on your account. If you fail to reimburse Us for any credit card chargebacks or related fees within 30 days of Our initial demand for reimbursement, you must pay us the higher of the amount wrongfully charged back or $100 USD as well as any costs incurred by us for each fee incurred.

State Provisions. The following provision applies to residents of the following U.S. states only: California, Colorado, Illinois, and Ohio. If by reason of death or Disability (as defined below) you are unable to use any Carbon Offset Credits, you or your estate may elect receive a refund on any unused Carbon Offset Credits. “Disability” means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification of the physician must be presented to us. This subsection shall supersede any other contrary term or provision herein.

Refunds. We consider all purchases of Carbon Offset Credits final when made. Unused Carbon Offset Credits have no cash value and are not subject to return, exchange or refund. We make no promise that We will give you a refund. If We give you a refund, We will issue the refund in the form of a credit to the credit card or to your account that you used for your purchase, in our sole discretion.

Changes in your Carbon Emissions. It is solely your responsibility to ensure that your website’s carbon emissions match the calculation of carbon emissions at the time that they are calculated. You are encouraged to regularly check your website’s carbon emissions via Our Website, particularly if your website has undergone a significant change in its content or traffic volume. If your website’s carbon emissions decrease after you have purchased Carbon Offset Credits in respect of a particular time period, you are not entitled to a refund. You may however terminate your Carbon Offset Credit calculation at the end of the monthly or particular period and recalculate your website’s carbon emissions. If your website’s carbon emissions increase in respect of a particular time period, it is up to you – without notice or demand from Us – to purchase additional Carbon Offset Credits in order to maintain carbon neutrality.

Deployment of Carbon Offset Credits. When Carbon Offset Credits are purchased from Us, a portion of the purchase price or monthly fee us put towards environmental projects which are considered to counterbalance carbon emissions (“Projects”). All Projects are identified on Our Site. All Projects are owned and operated by third parties and We have no direct relationship with the Projects. Suitable Projects are identified by a third-party service provider, namely Patch (see Patch.io). Carbon Offset Credits purchased from Us directly or via a monthly fee are distributed in part to Patch who in turn distributes them in part to a particular Project in such proportion and in such amounts as it determines. We make no representation or warranty that the Projects identified by Patch which We distribute funds to from your purchase of Carbon Offset Credits or fees will be properly administered or distributed by Patch nor do We represent and warrant the quality, nature, effectiveness, or volume of carbon offsets provided by a particular Project. We are solely reliant upon Patch to manage and distribute the funds which We distribute to them. Under no circumstances shall we be responsible to you or to anyone else for the identification or performance of the Projects, their descriptions as appear on Our Site, their environmental effectiveness, or Patch’s performance in providing Us with Projects for funding via Our Site and your purchase of Carbon Offset Credits or monthly fees. We do not audit or evaluate Patch or Projects identified by Patch nor do we audit or evaluate its expenditure of funds or deployment of the capital we send it from your purchase of Carbon Offset Credits or monthly fees. We do not represent nor warrant that any information or Content on Patch’s website is truthful or accurate. Nor do we represent or warrant that the depictions and information provided about Projects on Our Website is complete, accurate, or may be relied upon in any way.

6. Intellectual Property Rights

All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable intellectual property laws and treaties. Without limiting the generality of the foregoing, Our carbon emission data sets, calculations, data sources, and the arrangement and display of same is Our exclusive intellectual property and we maintain all rights including but not limited to copyright, to the fullest extent permitted by law.

Subject to Subsection 6.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, disassembler, re-arrange, or in any other manner re-use or reproduce Content from Our Site.

6.1 You may:

(a) Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

(b) Download any Content where We have provided a link enabling you to do so;

(c) Download portions of Our Site (or any part of it) for web browser caching purposes only;

(d) Save pages from Our Site for later and/or offline viewing;

(e) Save and print and display our “Audit Breakdown” provided that you identify and display Offset.org™ as the source of this Content in a prominent manner and provided that you otherwise comply with all provisions in this Section 6.

(f) You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.

Subject to Subsections Section 6.3 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so.

OFFSET™, OFFSET.ORG, Our Certification Badge, our logos and our other registered and unregistered trademarks are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights, except as expressly permitted herein in connection with your use and display of Our Certification Badge.

The third party registered and unregistered trademarks or service marks on our Site are the property of their respective owners and, unless stated otherwise in these terms and conditions, We do not endorse and are not affiliated with any of the holders of any such rights and as such We cannot grant any licence to exercise such rights.

7. Copyright infringement notices.

7.1 To file a copyright infringement notification with Us relating to Content on our Site you will need to send a written communication that includes substantially the following:

• A 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
• 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.
• 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.

7.2 To expedite our ability to process your request, such written notice should be sent to our designated agent at Legal@Offset.org. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

8. Links to Our Site

8.1 You may link to Our Site provided that:

(a) you do so in a fair and legal manner;

(b) you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

(c) you do not use any logos or trademarks displayed on Our Site without Our express written permission;

(d) you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it;

(e) You may link to any page of Our Site however the link may not work or may revert to another page on Our Site if your link is to Unlocked Content or any other area of Our Site which requires User access; and

(f) Certification Badges must be linked back to Our Site as directed using the code provided in our Certification Badge instructions as provided on Our Site.

8.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.

8.3 You may not link to Our Site from any other site the main content of which contains material that violates Section 20 or any other provision of the Terms of Use, and without limiting the generality of the foregoing:

(a) is obscene, deliberately offensive, hateful or otherwise inflammatory;

(b) promotes violence;

(c) promotes or assists in any form of unlawful activity;

(d) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

(e) is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

(f) is calculated or is otherwise likely to deceive another person;

(g) is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

(h) misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Section 8.3);

(i) implies any form of affiliation with Us where none exists;

(j) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party;

(k) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence; or

(l) misrepresents your carbon neutrality or misrepresents any connection or participation with the services which We provide.

9. Links to Other Sites and Affiliated Sites

9.1 Links to third-party sites may be included on Our Site. These sites may not be under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to a third-party site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

10. Disclaimers and Legal Rights

12.1 In addition to all other disclaimers that exist in the Terms of Use, including but not limited to the disclaimers included at Subsection 5.9;

(a) Nothing on Our Site constitutes advice on which you should rely.

(b) The calculations of carbon emissions for your website is an estimate only based upon the data sources and calculations presented in our “Audit Breakdowns” provided. No reliance should be made upon Our carbon emission calculations or the Audit Breakdowns for any purpose other than obtaining Our Certification Badge. Carbon emission calculations and the Audit Breakdowns are provided solely and exclusively for the purposes of calculating the cost of Carbon Offset Credits on Our Website and for obtaining the Certification Badge.

(c) You are solely and exclusively responsible for confirming the accuracy of Our carbon emission calculation data and data sources for any purpose other than calculating the cost of Carbon Offset Credits for purchase on Our Website and for obtaining the Certification Badge.

(d) We make no representations or warranties as to the accuracy, completeness, or reliability of our carbon data calculations or data sources used for such calculations.

(e) We make no representations or warranty as to the value purchasing Carbon Offset Credits or of our Certification Badge or that by purchasing Carbon Offset Credits or displaying Our Certification Badge will result in any particular benefit, financial reward, improved reputation, or profitability.

(f) We strictly disclaim all representations and warranties of the accuracy, honesty, or desirability of any person’s use and/or display of Our Certification Badge.

(g) We make no representation, warranty, or guarantee that Our Site will meet your requirements or that Our site it will be compatible with all software and hardware, or that it will be secure.

(h) We do not make any representations, warranties or guarantees (whether express or implied) that the Content on Our Site is complete, accurate, or up-to-date.

(i) To the extent that Our Site and the information and services on Our Site are provided free of charge, we will not be liable for any loss or damage of any nature.

(j) We will not be liable to you in respect of any special, indirect or consequential loss or damage to the extent permitted by law.

(k) You accept that We have an interest in limiting the personal liability of Our officers, directors, shareholders, agents, and employees and, having regard to that interest, you acknowledge that We are a limited liability entity; you agree that you will not bring any claim personally against Our officers, directors, shareholders, agents, or employees in respect of any losses you suffer in connection with Our Site or these Terms of Use.

13. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE SERVICES AVAILABLE ON OR VIA OUR SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR FOR SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES AVAILABLE ON OR VIA OUR SITE, EXCEED THE GERATER OF A) THE PRICE PAID BY YOU FOR YOUR PURCHASE(S) FROM OUR SITE DURING THE MOST RECENT ONE MONTH PERIOD; OR B) THE AMOUNT OF US$100.00 OR ITS EQUIVALENT.

14. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES AVAILABLE VIA OUR SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, FINANCIAL LOSS, AND/OR ANY OTHER DAMAGES.

15. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF, OR RELATED TO, THE ACTS OR OMISSIONS OF THIRD PARTIES.

16. YOU EXPRESSLY WAIVE ANY RIGHTS THAT YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

16. OUR SITE IS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR OUR SITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

17. Our Liability

18.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site or made available to you via Our Site.

18.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content.

18.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

18.4 We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.

18.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

18.6 You hereby indemnify Us, and undertake to keep us indemnified and held harmless, from and against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute) incurred or suffered by Us and arising directly or indirectly out of your use of Our Site or any breach by you of any provision of these Terms of Use.

19. Viruses, Malware and Security

19.1 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

19.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

19.3 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

19.4 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

19.5 By breaching these provisions you may be committing a criminal offence and any and all such breaches may be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

19.6 You must not:

(a) use Our Site in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use Our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with Our Site;

(d) probe, scan or test the vulnerability of Our Site without our permission;

(e) circumvent any authentication or security systems or processes on or relating to Our Site;

(f) use Our site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to Our Site without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Site without Our express written consent;

(j) access or otherwise interact with Our Site using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use Our Site except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for Our Site;

(m) use data collected from Our Site for resale or republication or any direct or indirect marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of Our Site.

20. Acceptable Usage Policy and Termination

20.1 You may only use Our Site in a manner that is lawful and that complies with the Terms of Use. Without limiting the foregoing,

(a) you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

(b) you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

(c) you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

(d) you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

(e) Collect user names or email addresses of Users of Our Site for the purpose of sending unsolicited communication.

(f) Make any statements where you imply you are endorsed by Us without our prior written consent.

(g) Direct any Users to another service or website through Our Site or Service.

20.2 Termination. We may cancel or terminate your right to use Our Site or any part of Our Site at any time without notice. In the event of termination you are no longer authorized to access the part of Our Site affected by such termination or if applicable, at all. The restrictions imposed on you and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.

20.3 We reserve the right to investigate and, if appropriate, suspend or terminate your Account without a refund if you have violated the Terms of Use, misused our Service, or behaved (whether on or off Our Website) in a way that we regard as inappropriate or unlawful in our sole unfettered discretion. We reserve the right to make use of any technological, legal, or other means available to enforce these Terms at any time, without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Service.

20.4 We reserve the right to suspend or terminate your access to Our Site for any reason in our sole and unfettered discretion, including but not limited to if you materially breach the provisions of this Section 20 or any of the other provisions of the Terms of Use. Specifically, We may take one or more of the following actions:

(a) suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

(b) remove any Content submitted by you that violates this Acceptable Usage Policy;

(c) issue you with a written warning;

(d) take legal proceedings against you for reimbursement of any and all relevant costs on a full indemnity basis resulting from your breach;

(e) take further legal action against you as appropriate;

(f) disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

(g) any other actions which We deem reasonably appropriate (and lawful).

20.5 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

20.6 Except as expressly permitted by the Terms of Use, you must not edit or otherwise modify any Content on Our Site.

21. Privacy and Cookies

21.1 Use of Our Site is also governed by Privacy Policy which includes Cookies, available at: www.Offset.org/Privacy.This policy are incorporated into these Terms of Use by this reference.

22. Data Protection

22.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of our Privacy Policy.

23. Communications from Us

23.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, your purchase of Credits, changes to these Terms of Use, and changes to your Account.

23.2 By agreeing to the Terms of Use, you consent to receiving communications and marketing emails. Any and all marketing emails sent by Us include an unsubscribe link.

23.3 For questions or complaints about communications from Us please contact Us.

24. Changes to these Terms of Use

24.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

24.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

25. Contacting Us

25.1 To contact Us, please see www.Offset.org/Contact.

26. Law and Jurisdiction

26.1 Due to the nature of the Internet, it is not possible for Us to restrict access to Our Site only to only certain jurisdictions. Some or all of the services offered on or through, or advertised on Our Site may not be eligible for provision, solicitation, and/or display in your jurisdiction. If you are accessing Our Site from such a jurisdiction, you should not consider anything on Our Site as an offer to provide, display or as a solicitation to the public to purchase any product or service from or through Our Site. Our Site is for use only by persons residing in jurisdictions where such products and services are legal.

26.2 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of the United Arab Emirates.

26.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates. By accessing and using Our Site and/or Service, you hereby irrevocably consent to the jurisdiction and venue of Dubai, United Arab Emirates for any dispute between you and Us arising from or related to Our Site and the Service.

26.4 UK and EU. If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in the Terms of Use affects your rights as a consumer to rely on any such mandatory provisions of local applicable law.

26.5 Moral Rights. If you are a resident of any jurisdiction where moral rights may not be assigned or waived, the moral rights to your User Content shall not be assigned or waived.

26.6 California. If You are a California resident, you waive California Civil Code Section 1542, which says as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor".

Under California Civil Code Section 1789.3, Our contact information is set out above. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs here: https://www.dca.ca.gov/about_us/contactus.shtml.

26.7 Australia. You consent to the transfer to and processing of your information in the any jurisdiction throughout the world and you acknowledge that other jurisdictions (including Cyprus) may not have privacy protections equivalent to the Australian Privacy Act 1988. You may not have a remedy against Us as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act may apply.

27. Assignment

27.1 You hereby agree that We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms of Use.

27.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Terms of Use.

28. Severability

28.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

28.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

29. Third party rights

29.1 A contract under these terms and conditions is for Our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

29.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

30. Entire agreement

30.1 These terms and conditions, together with our Privacy Policy and all other agreements and polices referenced herein and incorporated by reference, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.