Effective Date: May 20, 2021
Note, in addition to the other portions of these Terms of Use, Section III below applies to you if you are submitting an order for ACER Services (as defined below).
I. INTRODUCTION
Please read these Terms of Use carefully before using the Air to Earth® website.
A2E Solutions LLC (“we” or “A2E”) welcomes you to its website (the “A2E Website”). The A2E Website enables you to access content, products and services available on or through the A2E Website (collectively, “Services”). These Terms of Use form a binding legal agreement between you and A2E regarding your access to and use of the A2E Website and Services. For purposes of these Terms of Use, “content” means data, information, content, documentation, opinion, advice, white papers, reports, proposals, descriptions, statement or other materials, whether written, visual, audio, audiovisual or other information or materials that are available on or that form part of the A2E Website.
BY ACCESSING, BROWSING OR USING THE A2E WEBSITE OR ANY OF THE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU (A) HAVE READ AND UNDERSTAND, AND ARE ACCEPTING AND AGREEING TO BE BOUND BY, THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN AND (B) ARE AGREEING TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE A2E WEBSITE OR SERVICES.
1. Electronic Signature and Disclosure Consent Notice
You agree to the use of electronic documents and records in connection with your registration for or other use of the A2E Website and Services and for all future documents and records in connection with the A2E Website—including without limitation this electronic signature and disclosure notice—and that this use satisfies any requirement that we provide you in writing these documents and obtain your written consent to such use of electronic documents and records. If you do not agree to such use of electronic documents and records, do not accept these Terms of Use. You may obtain a paper copy of such document or information, but A2E may charge you a fee for such paper copies. You may withdraw your consent to the use of electronic documents and records, but if you do so, A2E may terminate its relationship with you and you will no longer be permitted to purchase or access ACER Services through the A2E Website. You may update your contact information at any time on the A2E Website. To receive or access electronic documents and records, you must have the following equipment and software: (a) a device that is capable of accessing the Internet; (b) an Internet browser that supports at a minimum HTML 4.0 and 128-bit SSL encryption; and (c) software that permits you to receive and access Portable Document Format or “PDF” files. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements. Your proceeding with the A2E account signup process or the use of the A2E Website indicates your acceptance of this notice.
2. Updates to and Acceptance of Terms of Use
From time to time, we may update these Terms of Use. If we do, we will note near the top of this page the date that any changes are made and/or when they become effective. You should revisit these Terms of Use on a regular basis, as revised versions will be binding upon you. Specifically, the version of these Terms of Use in effect at the time of your specific access to a Website shall be the version that governs that specific access to such Website. Your continued access to, browsing or use of the A2E Website or any of the Services after the effective date of such changes to these Terms of Use will tell us that you agree to those changes. If you do not agree to the revised Terms of Use, you are not authorized to access or use the A2E Website or Services and you must disconnect from and not use the A2E Website and Services. You are not authorized to change these Terms of Use in any manner.
3. No Use Where Prohibited
The A2E Website and Services are not directed to and may not be used by any person or entity in any jurisdiction where the direction to or use of the A2E Website or Services is prohibited by or would be contrary to any applicable laws or regulations. As a condition of your access to and use of the A2E Website and Services, you represent and warrant that you will not use the A2E Website or Services for any purpose that is prohibited by these Terms of Use or is in violation of any applicable laws and regulations.
II. YOUR USE OF THE A2E WEBSITE
1. Your Account and Information
To use the A2E Website and Services, you must register for an account on the A2E Website and provide information about yourself as prompted by the site registration form. As part of the registration for the A2E Website, you will use your true legal name and true electronic mail address, and only provide true, accurate and complete information on the A2E Website and notify A2E immediately of any change in such information.
A2E reserves the right to refuse or reject any request to create an account for any or no reason at A2E’s sole discretion. You are solely responsible for your account, your contact information and other information made available through your account or otherwise via the A2E Website. You will use reasonable care to protect the confidentiality of your log-in information for your account and will not share it with any other person. You will be entirely responsible for the conduct of any person using the A2E Website or accessing your account through use of your log-in information.
You agree that A2E may, and may permit others to, use, copy, display, reproduce, distribute, modify, translate, remove, analyze, and prepare derivative works based upon, the information that you provide in connection with your use of the A2E Website for purposes of providing to you the A2E Website and Services and as otherwise described in these Terms of Use and the A2E Privacy Policy.
2. License to Use A2E Website
Subject to your compliance with these Terms of Use, A2E grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to access and make personal use of the A2E Website solely for the purpose of reviewing content and purchasing Services. The foregoing license does not include any resale or commercial use or derivative use of the A2E Website or Services. The A2E Website and Services, and any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without A2E’s express written consent.
3. Your Use of the A2E Website
By accessing or using the A2E Website, you agree that you will not use the A2E Website in any way that:
is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that A2E deems in its sole discretion to be inappropriate;
may harm A2E, its service providers, or any other person or entity;
violates or infringes the rights of anyone else;
gains or tries to gain unauthorized access to the A2E Website or any portion thereof, A2E’s computers and networks, or A2E’s user data, or that otherwise modifies or interferes with the use or operation of the A2E Website;
imposes an unreasonable or disproportionately large load on A2E’s or its business partners’ infrastructure, including, without limitation, transmitting spam or using other unsolicited mass emailing techniques;
alters, damages, or deletes any content provided by A2E or others, or removes or modifies any copyright or other intellectual property notices that appear on the A2E Website;
contains computer viruses or other disruptive, damaging or harmful files or programs; or
otherwise violates these Terms of Use or any other guidelines or policies provided by A2E.
In addition, you represent and warrant that:
the information and any other content that you may provide using the A2E Website does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; complies with all applicable local, state, provincial, national and other laws, rules and regulations; and does not violate these Terms of Use;
you have the right to provide to A2E the information and any other content that you may provide using the A2E Website;
you will use your true legal name and true electronic mail address, and only provide true, accurate and complete information on the A2E Website;
you will not impersonate another person or entity or misrepresent your affiliation with another person or entity, such as by using another person’s or entity’s username, password or other account information or another person’s or entity’s name, likeness, image or photograph;
you are at least 18 years of age, or the legal age of majority where you reside;
you have all requisite rights and authority to use the A2E Website and to enter into these Terms of Use; and
the performance of your obligations under these Terms of Use will not violate, conflict with, or result in a default under any other agreement, including, without limitation, confidentiality agreements between you and third parties.
III. AIR TO EARTH® CERTIFIED EMISSION RECEIPT SERVICES
1. Ordering ACER Services
ACER Services can be ordered through the A2E Website at www.airtoearth.com. To place an order for ACER Services through the A2E Website ("Website Service Order"), you will be required to register for an account on the A2E Website. All Website Service Orders are (i) contingent upon written order confirmation from A2E ("Website Order Confirmation") and (ii) subject to such Website Order Confirmation and these Terms of Use. Website Service Orders for which we have provided to you a Website Order Confirmation are referred to as “Valid Website Orders”.
For clarity, for a given Valid Website Order, the version of these Terms of Use that shall apply is the version in effect at the time A2E issues the corresponding Website Order Confirmation for such Valid Website Order.
In addition to offering ACER Services through the A2E Website, A2E may offer ACER Services directly to customers through other channels. Orders for ACER Services through such other channels will be governed by terms and conditions specified separately by A2E.
You represent that you have not, through and including the completion of Services under any Valid Website Order, participated directly or indirectly in, or purchased, sold or registered any emission allowances