Who we are
Our website address is: https://cambiumcarbon.com
Terms of Service
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
2. Services. These Terms applies to all Our services, including the use of the Site and associated services therewith (collectively, the “Service(s)”). Our Service provides an online marketplace where Users can list and sell items, including without limitation, those related to wood, lumber, other forms of agriculture products, and metal works (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and We are not a party to such sale or purchase. You acknowledge and agreed that You assume certain risks when dealing with others, and these risks are borne by You alone, and not Us. You are solely responsible for Your evaluation of, and decision to use, the Service, the buying, selling, or otherwise transacting any business or communications on or through the Service, and You will be liable for all of Your actions on the Service.
4. Third Party Services. We may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, “Third Party Service(s)”) which may include links to sites, email, and telephone correspondence and other offers outside of Our network. Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and these Terms does not apply to Your use of any such Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services.
5. Third Party Material. We will not be liable in any way for (1) any items or content on the Service posted by third parties, other Users, or at the direction of Users (all, “Third Party Materials”), or (2) any errors, omissions, or Losses of any kind as a result of such Third Party Materials on the Service; and You hereby acknowledge that We do not, and are under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although We reserve the right to do so, and remove Third Party Materials at Our sole discretion. You agree that You bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
6. Posting Content. As Users of Our Services, all information, descriptions, pictures, listings, data, text, media, comments, or any other materials, including items of inventory, messages, offers, purchases, sales, etc. (“Content”) that You upload, post, publish, transmit, or display through the Service (“Post”) is intended to be shared with other Users. By submitting any Content to Us or otherwise Posting any Content, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information You may provide to, or upload by way of, the Services. By Posting any User Content You hereby grant and will grant to Us a no-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner Your User Content in connection with the operation of the Service or any of Our other products or services, or the promotion, advertising, or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing Your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other Users to share listings that include Your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so, with or without notice, to prevent or rectify any alleged violations of these Terms or any applicable law. We reserve all defenses made available to Us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not Our responsibility. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Us with respect thereto. Any and all Content You Post or upload is not considered by Us to be confidential, will be treated as public information, and You agree and understand that such Content is intended to be shared with other Users of our Services as well as third parties, all in Our sole discretion, and We have no control or liability over what other Users do with Your Content. You understand and agree that We will not be liable for any treatment of Your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided to Us by You is non-confidential and We shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. If you do not agree that Your Content will be considered public and will not be considered confidential, then You must not use the Services.
7. Your Responsibilities. You are solely responsible for any Content that You Post via the Service. We may investigate, take legal action, or perform any other action We deem necessary or warranted in managing the Service, Your Content, Posting, or use, including, without limitation, preservation of such information for investigative purposes. The following are non-exhaustive examples of Content, Postings, or use of the Service that are prohibited:
- providing any Content or Postings that are unlawful, harmful, violent, illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling, or any other unlawful or unwarranted behavior;
- providing any Content or Postings that violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Service;
- creating any derivative works or reviser engineer any part of the Service, or putting an unreasonable load on the Service infrastructure or disrupting any network connected to the Service;
- copying, scraping, harvesting, or using automated systems to collect contact information from the Service for use outside of those intended by these Terms;
- selling or transmitting anything You do not have a right to sell or transmit under law or existing relationship;
- posing a privacy or security risk;
- infringing on anyone’s intellectual property rights;
- spamming any Users with email, junk mail, fraud, schemes, or the like;
- transmitting or uploading viruses, worms, or interfere with the Service; or
- taking any action or inaction which We, in Our sole judgement, believe is questionable or could cause harm or liability to Us or Our Users.
8. Intellectual Property Rights. You acknowledge the Service contains images and descriptions that are third party or User Content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. We retain all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service, Content, or Our intellectual property that You are exposed to through our Service that is not explicitly authorized by these Terms. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Our intellectual property will inure to Our exclusive benefit. Any rights not expressly granted herein are reserved by Us. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Us.
9. Infringement Policy. We respect the intellectual property of others and ask that Our Users do the same. Although We are under no obligation to do so, We will make reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If You believe Your work has been copied in a way that constitutes infringement or Your intellectual property rights have been violated, please provide Us with the following information:
- confirmation You are owner or are authorized to represent owner of the intellectual property;
- identification of Your work;
- identification of the infringing work; and
- a statement that You believe use of the work is not authorized.
If Your work is removed due to infringement and You believe it is not infringing, please provide Us with the following information:
- confirmation You are owner or authorized to represent the owner of the intellectual property;
- identification and description of removed Content;
- statement of good faith regarding ownership of the intellectual property; and
- Your contact information.
We will endeavor to resolve notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact Us at email@example.com (Subject line: Takedown Request), or through mail at: Cambium Carbon PBC, Attn: Legal, 11 Dupont Circle NW, Suite 575, Washington, DC 20036.
10. Purchase and Sale Transactions.
(a) Assumption of Risk. You assume certain risks in purchasing Items through the Services. As an independent marketplace, We are not involved with, nor do we provide any warranty for, any transaction between Buyer and Seller, nor do we have any title to any Items, and We are not the Buyer or Seller in any transaction, unless expressly listed. You as a Buyer and/or Seller assume, agree, and understand that You bear all of the risks in selling or purchasing of Items on the Service.
(b) Buyers and Sellers. As a Buyer, You are solely responsible for reading and reviewing the Item listening before making an offer or purchasing. Any contract to purchase is between You and the Seller, not Us. As a Seller, You agree that You have all rights necessary to sell the Items You make available or otherwise list for sale through the Service, and will describe such Items truthfully, accurately, and completely.
(c) Prohibited Items. The Service is a limited marketplace with a limit on the types of Items that may be listed, which are generally related to wood, lumber, other forms of agriculture products, and metal works. Notwithstanding the foregoing, We prohibit the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, regulation, or are otherwise non-conforming or counterfeit.
(d) Purchases and Payment. Buyers may offer to purchase Items from Sellers, and once accepted, such transaction is considered a purchase, and a binding contract between the Seller and Buyer. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Us including any shipping or additional fees listed (including, for the avoidance of doubt, the Transaction Fee). We are not an auctioneer, nor are We a Seller or carrier. Our Service includes pricing, listing, and shipping assistance, but We are not a Buyer or Seller of Items. We may delay any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. All purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (i) Buyer cancels an order within three (3) hours of purchase, (ii) the purchase is cancelled where explicitly permitted by Us or where applicable, a Seller, or (iii) otherwise set forth in these Terms. Buyers may pay for Items using payment methods approved by Us, and We will receive payment from Buyer on behalf of Seller. By submitting payment information to Us, You authorize Us to store that information and with Your confirmation, charge You for any Items purchased. Our payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Service Agreements”). By using the Service, You agree to be bound by the Stripe Service Agreements. For the avoidance of doubt, by making a purchase through the Service You authorize Us to share with Stripe transaction information related to Your use of the payment processing services provided by Stripe.
(e) Shipping. Buyers and Sellers understand and agree that any and all shipping terms shall be negotiated by and between Buyer and Seller, and not Us. In the event an Item is purchased, Seller must then ship and deliver Item to Buyer within the time period stated in the Seller’s listing and using the shipping service the Buyer selected at checkout. Seller shall review the cost and speed of delivery before offering a shipping service and clearly specify when an Item will be shipped. Seller shall only include shipping charges that are actually incurred and are related to the cost of shipping and handling the Items being delivered. Seller shall upload or otherwise provide to Buyer accurate tracking details and must mark the Item shipped when sent. Seller shall neither use a slower shipping service, delay shipment once notification has been initiated, nor include any additional fees for shipping, handling, or packaging other than those ordered and agreed upon with Buyer. Unless otherwise agreed upon by Buyer and Seller, title to the Item transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to Us within three (3) days after delivery. Buyer confirms receipt and acceptance of Item, either by affirmatively notifying Us or failing to notify Us within three (3) days of delivery (as determined by tracking information). We will credit Seller’s account with an amount equal to purchase price, minus taxes, the Transaction Fee, and any other applicable fees (the “Funds”). Funds may be redeemed by Seller through Our permitted third party payment provider(s), or used by the Seller to purchase items listed by other Sellers through the Service. If an Item is not as described on the Service (as listed by Seller), Buyer is required to initially attempt to resolve the issue with the Seller. In the event the Buyer and Seller are unable to resolve the issue, the parties should report the issue through the Service or by emailing firstname.lastname@example.org within three (3) days after determined delivery of the Item based off tracking information. We require evidence of an attempted resolution. We shall have final determination regarding the accuracy of Item descriptions and We have the sole authority to determine whether a refund is or is not warranted. Buyer and Seller understand and agree that they will abide by any final determinations made by Us in respect to any such issues and returns.
(f) Taxes. Purchased Items may be subject to applicable taxes in Your jurisdiction, which We will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and We is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items, but will be displayed before confirmation of purchase. Use of credits may modify taxes that apply to a Buyer’s order. Taxes may be estimated based on offers made on Items, but are subject to change if the final sale price is different than original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although We may assess taxes upon purchase or sale You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where We do not collect taxes on Your behalf.
(g) Fees. Although registering for use of the Service is as a Buyer may be free, We charge certain fees for various transactions through Your use of the Service. All amounts are quoted in US dollars unless otherwise stated. We charge a transaction fee of 4.5% of the total transaction price agreed upon for sale by Buyers and Sellers, exclusive of taxes (the “Transaction Fee”). The Transaction Fee will be applied at checkout.
11. Disclaimer of Warranties.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY THAT (A) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY ITEMS, GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
WE MAKE NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON OR THROUGH THE SERVICE.
12. Limitation on Liability. We are not liable for (a) any Content posted on Our Services; (b) purchases, sales, or other obligations that may arise between Users (including Buyers and Sellers); (c) any Losses that result through Your use of Our Services; (d) any negative or critical comments that may be posted by other Users through the Services; (e) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services; (f) any third party personally identifiable information You upload or provide to Us pursuant to the Services; or (g) any cost of substitute goods or services. You are solely responsible for Your interactions with other Users, including any purchase or sale transactions. You agree We will have no liability or responsibility with respect to such interactions, purchases, or sales. We reserve the right but are under no obligation to become involved in any dispute between You and another User.
13. Indemnification. You agree to release, defend, indemnify and hold Us, our affiliates, and our stockholders, directors, officers, employees, agents, and representatives (collectively, “Indemnitees”) harmless from any and all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees (collectively, “Losses”), incurred or sustained by, or imposed upon, the Indemnitees that arise from Your actions (or inactions), Your use (or misuse) of our Services, Your breach of these Terms, or You and Your accounts infringement of someone else’s rights. If you are a California resident, You waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, You waive any comparable statute or doctrine.
(a) Governing Law. These Terms are governed by the laws of the State of Delaware without giving effect to its principles regarding conflicts of law.
(b) Arbitration. We are always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email Us at email@example.com. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by You to Us, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days You or Us may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act. Notwithstanding the foregoing, We may seek injunctive or other equitable relief to protect Our intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by You must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by these Terms. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of these Terms. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Delaware law or United States federal law.
(c) Severability, Headings, Non-Waiver. The unenforceability of any provision of these will not affect the enforceability of any other provision. If any provision of these Terms is deemed to conflict with another, We will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of these Terms or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.
(d) Modifications. THESE TERMS AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY US AT ANY TIME AND IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE. We are not liable to You or any third party for any such modification or discontinuation. When changes are made to these Terms, We will make a new copy of these Terms available by posting on Our Site or through the Services. We will also update the “Last Revised” date at the top of the Terms. If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
(e) Termination. We may suspend or terminate the Services or Your account at Our discretion without explanation, notice, and liability to Us including removing and discarding any items or content within the Service, for any reason, though We will strive to provide a timely explanation. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. You may terminate the applicability of these Terms to You by closing Your account for the Service. We will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
(f) Export Regulations. The Site and Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You agree that You will not, and are solely responsible for any violation of, such export control laws. Download and use of the Site or the Service is Your responsibility and at Your own risk.
(g) Electronic Communication and Documentation. When you use the Service or send e-mails to Us, You are agreeing to communicate with Us electronically. These Terms and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between Us and You. Printed versions of these Terms and the documents referenced herein will be admissible in any legal proceeding.
(h) Notices. You agree We will provide notices and messages to You within the Services, or if required, via email or regular mail. You may provide notice to Us and will be deemed provided once received by Us, addressed via mail to: 11 Dupont Circle NW, Suite 575, Washington, DC 20036 or firstname.lastname@example.org.