Terms & Conditions

Welcome to www.carbonactioncompany.com (the “Site”). The services on this site are offered to you by the Carbon Action Company (“CAC”), subject to the following conditions. The terms “you”, “your”, and “yours” refer to anyone using, accessing, viewing, browsing or visiting the Site. If you visit or shop at the Site, you accept these conditions. Any current or future use, Site visit or purchase from CAC will also be subject to these Terms and Conditions. CAC reserves the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as it sees fit. Changes will not apply to any orders CAC has already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you may have your access cancelled and you may be permanently banned from any further access to the Site. Any access, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed such amended Terms and Conditions. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.

ABOUT US

This Site is operated by the Carbon Action Company, a not-for profit corporation incorporated under the laws of Canada and registered as a charity with the Canada Revenue Agency and our principal address is located at 880 North Service Road, Suite 204, Windsor ON N8X3J5.

PRIVACY

Please review the CAC Privacy Notice which also governs visits to the Site. To the extent there is a conflict between the terms of the CAC Privacy Notice and these Terms and Conditions, these Terms and Conditions shall govern.

COPYRIGHT

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted under Canadian copyright laws, and CAC owns all copyright or equivalent rights in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the

Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or similar rights notices. Except as provided in the preceding sentence or as permitted by the fair use under Canadian law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

USE OF THE EMBLEMS AND TRADE-MARKS

The “Carbon Action Company” logo and seal is a prohibited mark and only CAC has the permission to use this mark. As well, the CAC’ has explicit and exclusive permission to use the phrase “Carbon Action Company” which cannot be used in connection with any product or service that is not that of CAC.

The Carbon Action Company logo and seal and other marks which may or may not be designated on the Site by a “™” “®”or other similar designation, are registered, pending, unregistered trademarks, service marks or a prohibited mark of Carbon Action Company, in Canada and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks of Carbon Action Company and consist of a prohibited mark. CAC’ trademarks may not be used in connection with any product or service that is not CAC’, in any manner that is likely to cause confusion among customers, or in any manner that may discredit CAC. All other trademarks not owned by CAC that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CAC.

SITE ACCESS

You may not download (other than page caching) or modify the Site or any portion of it without the express, prior written consent of CAC. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, prior written consent of CAC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CAC without the express, prior written consent of CAC.

LINKS

We are not responsible for the content of any sites that may be linked to or from the Site. These links are provided for your information or convenience only and you agree that any access to them shall be at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from CAC, and CAC has no control over the content of any other website. In addition, a link to any other web site does not imply that CAC endorses or accept any responsibility for the content or use of such other website.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Site is provided on an “AS IS,” “as available” basis. CAC does not warrant that use of the Site will be uninterrupted or error-free. CAC does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, CAC makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of Canada.

CAC specifically disclaims all warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Under no circumstances shall CAC be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to CAC records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortuous action; or an action in equity, even if an authorized representative of CAC has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law. You assume all risks when purchasing products for a commercial or business use or application.

Although CAC takes steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer for details.

ONLINE CONDUCT

You agree to use the Site only for lawful purposes. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. We may disclose any electronic communication of any kind (i) to satisfy any law, regulation, or

government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of CAC, our users and customers and/or you.

YOUR CONSENT FOR NOTICES WE SEND YOU

You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.

TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users or CAC. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

USAGE BY MINORS

By purchasing products from the Site or providing CAC with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.

APPLICABLE LAW

If you access the Site, you agree that the laws of the Province of Ontario, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and CAC.

DISPUTES

If you access the Site, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our policies, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Toronto, Ontario, Canada, except that, to the extent you have in any manner violated or threatened to violate CAC’ intellectual property rights, CAC may seek injunctive or other appropriate relief in any court in Canada. Arbitration under this Agreement shall be conducted under the rules then prevailing of the Arbitrations Act, Ontario. 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 applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies, such as our Sales Terms and Conditions and Privacy Notice which are incorporated herein by this reference and are posted on the Site and may be accessed by using the Search Help function on this page. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

HOW TO DONATE THROUGH THE SITE

After donating, you will receive an email from us acknowledging that we have received your donation (“Donation Receipt”).

SITE ACCURACY

Errors will be corrected when discovered. Our Site contains a large number of pages, and it is always possible that, despite our best efforts, some of the details listed on our Site may be incorrect.

REFUNDS

Donations will not be refunded: If you have chosen to donate on a regular time interval you may cancel future dated donations but past donation payments cannot be refunded.

These Terms and Conditions were last revised and made effective as of September 1, 2022