Terms of Service
Introduction
The Carbon Shield (“us”, “we”, or “our”) operates http://thecarbonshield.com and our mobile application(s) (the “App,” and collectively referred to as “Service”).
Our Terms and Conditions governs your visit to http://thecarbonshield.com/ and your use of our App.
Together with our Privacy Policy (“Privacy Policy”), these Terms and Conditions (“Terms”) govern all use of our Service and constitutes your agreement with us (“Agreement”).
By accessing our Service, you are agreeing to be bound by these Terms and our Privacy Policy, as well as all applicable laws and regulations, and you further agree that you are responsible for compliance with any applicable local and federal laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in http://thecarbonshield.com/ and our App are protected by applicable copyright and trademark law. A breach or violation of any of the terms will result in an immediate termination of your services and use.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) from our Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You understand that your content may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Additionally, we reserve the right to refuse service to anyone for any reason at any time.
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
Disclaimer
The materials through our Services are provided on an ‘as is’ basis and ‘as available’ for your use. We make no warranties or guarantees, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Furthermore, we do not warrant or make any representations concerning the accuracy, likely results, completeness, or reliability of the use of the materials or information accessed through our Services or otherwise relating to such materials or on any sites linked to or through our Services. The material and information is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the data, material or information through our Services is at your own risk.
Our Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Services at any time, but we have no obligation to update any information available through our Services. You agree that it is your responsibility to monitor changes to Services.
Limitations
In no event shall The Carbo Shield, our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors or any other party related to The Carbon Shield be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind including, without limitation, damages for loss of data or profit, lost revenue, lost savings, replacement costs, loss due to business interruption, or any similar damages, whether based in contract, tort (including negligence), strict liability otherwise arising out of your use of any of our Services or any inability to use the data, materials, or information due to any errors or omissions in any content, loss or damage of any kind via our Services or through the use of any content (or product) posted, transmitted, or made available via our Services, even if The Carbon Shield or a Carbon Shield authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
Products or Services.
Except as otherwise explicitly agreed to in writing, we reserve the right, but are not obligated, to limit the sales and/or use of our Services or other products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Except as otherwise explicitly agreed to in writing, we reserve the right to limit our Services and/or any other products that we offer. Except as otherwise explicitly agreed to in writing, all descriptions of Services, service pricing, products, or product pricing are subject to change at any time without notice, at our sole and exclusive discretion. We reserve the right to discontinue any product or any aspect of our Services at any time. Any offer for any Services or product made on this site is void where prohibited.
Modifications to the Service and Prices
Except as otherwise explicitly agreed to in writing, prices for our Services and products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. Except as otherwise explicitly agreed to in writing, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.
Modifications to the Terms and Conditions
We may revise these Terms for our Services at any time without notice. By using our Services, you are agreeing to be bound by the then current version, and any modified versions, of these Terms and our Agreement.
Accuracy of Billing and Account Information
To the extent relevant and necessary, you agree to provide current, complete and accurate account information for all relevant purposes at our Website and through our App. You agree to promptly update your account and other information, including your email address and other relevant data, so that we can contact you as needed.
Accuracy of Materials
The materials appearing through our Services could include technical, typographical, or photographic errors. We do not warrant that any of the data, materials, or information on our Website or through our App are accurate, complete or current. We may make changes to the materials contained and available through our Services at any time without notice. However, we do not make any commitment to update this data, materials, or information.
Links
We have not reviewed all of the sites linked to and through our Services and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of such site. Use of any such linked website is at the user’s own risk.
User Participation, Comments, Questions and other Submissions
If, in the process of using our Services, you submit questions, participate in video calls, audio calls, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use anything you provide us with (including audio and video of your likeness) in any medium. We are and shall be under no obligation (a) to maintain confidentiality; (b) to pay compensation for your questions or comments; or (c) to respond to any comments or questions you may submit to us.
We reserve the right to edit or remove content for any reason whatsoever, including but not limited to editing or removing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
You agree that your questions and comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your questions and comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any questions and comments. You are solely responsible for your questions and comments and their accuracy. We take no responsibility and assume no liability for any questions and comments by you or any third-party.
Prohibited Uses
In addition to other prohibitions as set forth in these Terms and otherwise in the Agreement, you are prohibited from using our Services or any of our content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related websites, apps, linked websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, app, linked websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Indemnification
You agree to indemnify, defend and hold harmless The Carbon Shield, its owners and their family members, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and/or the Privacy Policy or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms are effective unless and until terminated by us. You may also terminate these Terms at any time by notifying us in writing that you no longer wish to use our Services and discontinue all use of our Services; however, your subsequent resumption of use of any of our Services shall renew your agreement to these Terms and the Agreement.
If, in our sole judgment you fail or we suspect that you have failed, to comply with any term or provision of these Terms or the Agreement, we also may terminate these Terms or the Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly we may deny you access and use of our Services (or any part thereof).
Use of Cookies
We may use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. However, your personal information and browsing history is never known, displayed or recorded other than to deliver the best experience possible.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since the browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
Examples of Cookies we may use:
Session Cookies: We may use Session Cookies to operate our Service.
Preference Cookies: We may use Preference Cookies to remember your preferences and various settings.
Security Cookies: We may use Security Cookies for security purposes.
Advertising Cookies: Advertising Cookies may be used to serve you with advertisements that may be relevant to you and your interests.
For more information regarding our use of cookies and other privacy matters, please refer to our Privacy Policy.
Privacy, Contact and Communication
Users contacting us regarding us and/or our Services do so at their own discretion and provide any such personal details requested at their own risk.
We may use any information submitted to provide you with further information about the Services and any other products we offer or to assist you in answering any questions or queries you may have submitted. This may include using your details to subscribe you to any email lists which we operate. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
For more information regarding our privacy policy and/or other privacy matters, please refer to our Privacy Policy.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that we and/or our owners and their family members, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate and engage upon them with due care and caution in regard to their own privacy and personal details.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State and City of New York in the United States of America and you irrevocably submit to the exclusive jurisdiction of the courts in that City and State.
Severability and Waiver
In the event that any provision of these Terms or any part of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms and/or the Agreement, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms or the Agreement shall not constitute a waiver of any such right or provision.
Entire Agreement
Except to the limited extent of any direct and explicit contradiction set forth in a written signed agreement with you, these Terms and this Agreement and any other policies or operating rules posted by us on our Website or published through our App or in respect to our Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms or Agreement).
Any ambiguities in the interpretation of these Terms and the Agreement shall not be construed against the drafting party.
Contact Information
Questions about the Terms should be sent to us at [email protected]
Effective date: 4/19/2024
