Effective Date: June 2026
This website (https://www.betterplaceforests.org) (the “Website”) is operated by Memorial Forests Foundation dba Better Place Forests, a nonprofit corporation organized under the laws of the State of
Delaware, and its subsidiaries (collectively, “BPF”) (also referred to as “we”, “us,” and “our(s)”). BPF offers the Website, including all information, tools, products, and services made available to you, the
user, by BPF (collectively, our “Service”) conditioned upon your acceptance of these Terms of Service as well as all terms, conditions, policies, and notices provided by BPF in connection with the Service including our Privacy Policy which is expressly incorporated into these Terms of Service (collectively, the “Terms”). Please read the Terms carefully before using our Service. By accessing or using any part of the Website or otherwise using our Service, you agree to be bound by the Terms. If you do not agree to all
of the Terms, then you may not access the Website or use the Service.
THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION” CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE THE SECTION ENTITLED “DISPUTE RESOLUTION” FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
The Terms apply to all users of the Website and of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools that are added to the Service shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. As explained more fully below, we reserve the right to update, change, or replace any part of the Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of the
Service following the posting of any changes constitutes acceptance of those changes.
Before making any purchase in connection with the Service, you may need to create an online account, either by way of our registration process or through a third party service such as Google, or you may
provide us certain personal information via other means such as webforms or telephone. If you register by way of a third party service, personal information you provided to that third party, such as your name, email address and other information your account and privacy settings on that service allow us to access, will be used to create your account with us.
You are solely responsible for your account information and any data that you provide to us or via the Service (“Account Data”), and agree that you own or have the necessary rights, permissions and consents to all of your Account Data and that use of the Account Data does not infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations. You will own all of your Account Data. You agree to grant us a worldwide, non-exclusive license to access, use, export, process, copy, distribute, perform and display the Account Data in accordance with the Terms including to provide, maintain and support the Service, to prevent or respond to security issues, to provide support or respond to technical issues, as required by law, as permitted by the Terms and as permitted by your instructions.
You are responsible for safeguarding any online account login credentials. You are also responsible for all of the activity within your online account, whether or not you authorized that activity. We will not be responsible for any damages, losses or liability if credentials or any account is not kept confidential by you, or information provided by an unauthorized third party logging into and accessing the Service. You should immediately notify us of any unauthorized access to or use of your online account. We may review activity in connection with the Service for compliance purposes, but we have no obligation to do so. We aren’t responsible for the content of any Account Data or the way you or your users use the Service to transmit, store or process any Account Data. If we believe, however, that there is a violation of the Terms, we may suspend or block the Service or take any steps that we determine necessary, including with respect to Account Data, if we believe there is or may be a violation of any laws, rules or regulations or a risk of harm to us, the Service, other users or any third party.
By accessing or using the Service, you consent to the use of your Account Data to contact you via email, text message (SMS) or other electronic means in connection with the provision of the Service. Standard text or data charges may apply to communications. Further, by submitting a telephone number to us you agree that a representative of Memorial Forests Foundation can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products and/or services.
By registering for an account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from the Foundation including those required by law. You also agree that your electronic consent will have the same legal effect as a physical signature.
You agree that we can provide notices regarding the Service to you through our Website or through the Service (including your account), or by mailing notice to the email address identified in your account. Notices may include notifications about your account, changes to the Service, or other information we are required to provide to you. You also agree that electronic delivery of a notice has the same legal effect as if we provided you with a physical copy. We will consider a notice to have been received by you within 24 hours of the time a notice is either posted to our Website or emailed to you.
You also authorize us to provide notices to you via text (SMS) message to allow us to verify your control over your account and to provide you with notices about your account and/or Purchases. Standard text or data charges may apply to such notices. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important features of the Service and you therefore assume any risk of such disablement.
If we host a video meeting and/or you participate in a video meeting in connection with the Service, and use a third party video service processor, such as Zoom, their terms and conditions (including their use of your personal information) is subject to their applicable terms of service and privacy policy. For Zoom, those terms are available at https://zoom.us/terms/.
We may consummate or facilitate offline the purchase of a product or service offered or advertised on our Website or through our Service–for example, by executing a “Pre-purchase Agreement” or by taking payment other than through our Website. These Terms apply likewise to such purchases made and services provided, whether or not the Terms are explicitly incorporated or referenced.
You agree to pay fees (“Fees”) through a payment method which we determine to be acceptable in our sole discretion. If you make a purchase of the Service via credit card, debit card or other payment card (“Payment Card”), you authorize us (or our designee or third party service provider) to use your Payment Card, including credit card number and your billing address and shipping information for the Fees in connection with the purchase and to automatically charge your Payment Card fees. You acknowledge that certain Payment Cards may charge you transaction fees or other charges. If we use a third party payment processor, such as Stripe, their terms and conditions (including their use of your personal information) is subject to their applicable terms of service and privacy policy. For Stripe, those terms are available at https://stripe.com/ssa and https://stripe.com/privacy. If your payment is not successfully settled for any reason, you remain responsible and liable for any amounts not remitted to us. You agree to keep your contact information with us updated so that we may contact you about your purchase.
You represent and warrant that:
We reserve the right to:
Any offer for any product or service made on the Website or through the Service is void where prohibited.
The Services are intended for personal use only. You agree not to use the Services for any commercial purposes. You further agree that you will not:
BPF reserves the right, in its sole discretion and without limiting its other remedies, to restrict, suspend, or terminate your Account and/or access or use of the Services at any time with or without cause, including if the Company believes that you may be in breach of these TOS or applicable laws or are misusing the Services.
In using the Service, you agree not to:
If you are eligible to participate in our referral program, you agree to the referral program terms and conditions provided to you.
Opinions, advice, statements, offers, or other information made available through the Service but not directly by Foundation are those of their respective authors, and should not necessarily be relied upon. Foundation does not guarantee the accuracy, completeness, or usefulness of any information on the Service and takes no responsibility for any User Content posted by you or any other user or third party. BPF reserves the right to monitor materials posted in the public areas of the Service and to limit or deny a user’s access to the Service if a user violates the Terms or engages in any activity we deem unlawful, offensive, abusive, harmful, or malicious. If you become aware of misuse of our Service, please contact us at legal@betterplaceforests.org.
If you provide recommendations, suggestions, improvements, or other feedback regarding the Website or Service (collectively, “Feedback”), you agree that we will have a royalty-free, worldwide, perpetual, and irrevocable right to use and incorporate such Feedback into the Service or other products or services without restriction or compensation to you.
During the course of transactions contemplated by the Terms, one party (the “Disclosing Party”) may share Confidential Information with the other party (the “Receiving Party”). The Receiving Party will: (i) not use the Disclosing Party’s Confidential Information except as permitted herein; (ii) not disclose such Confidential Information to any third party other than employees and consultants with a need to know; and (iii) use at least reasonable measures to protect the confidentiality of such information. “Confidential Information” means any information provided by one party to the other concerning such party’s business or operations, including trade secrets, financial information, technical information, and business information.
BPF respects the intellectual property rights of others and has adopted a policy providing for the termination of users who are repeat infringers. If you are a copyright owner and believe that materials on the Service infringe your copyrights, you may submit a DMCA notification to: legal@betterplaceforests.org.
Your DMCA notice must include:
If you believe that your User Content that has been removed is not infringing, you may send a counter-notice to our copyright agent including your physical or electronic signature, a description of the content that was removed, a statement of good faith belief that the content was removed in error, and your contact information.
By posting any User Content on the Website or through the Service, you expressly grant to BPF a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed.
We are constantly updating product and service offerings on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Any reliance on the material on the Website or through the Service is at your own risk.
The Service and its original content, features, and functionality are and will remain the exclusive property of BPF and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BPF.
Our Service may contain links to third-party websites or services that are not owned or controlled by BPF. BPF has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SECURITY.
BPF, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BPF AND ITS LICENSEE AND LICENSORS, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, OR EXPENSES (INCLUDING ATTORNEY’S FEES) RESULTING FROM YOUR USE OF THE SERVICE OR A BREACH OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BPF, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE. IN NO EVENT SHALL BPF’S AGGREGATE LIABILITY TO YOU EXCEED $1,000.
Please read the following arbitration agreement carefully. It requires you to arbitrate disputes with BPF and limits the manner in which you can seek relief from us.
You agree that any dispute between you and us relating in any way to the Service, any products or services purchased, or the Terms, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or BPF may seek equitable relief in court for infringement or other misuse of intellectual property rights.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Memorial Forests Foundation, 3727 Buchanan St., Floor 4, San Francisco, CA 94123, Attn: Legal. The arbitration will be conducted by JAMS. Disputes involving claims under $250,000 shall be subject to JAMS’ Streamlined Arbitration Rules; all other claims shall be subject to JAMS’s Comprehensive Arbitration Rules and Procedures.
YOU AND BPF HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. All covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
You have the right to opt out of this Arbitration Agreement by sending written notice to: Memorial Forests Foundation, 2443 Fillmore St #380-1782, San Francisco, CA 94115, Attn: Legal, or by email to legal@betterplaceforests.com, within 30 days after first becoming subject to this Arbitration Agreement.
These Terms and your use of the Website and the Service are governed by the laws of the State of California and the federal laws of the United States of America, without regard to conflict of law provisions.
If any part of these Terms is held invalid or unenforceable, that portion will be construed consistent with applicable law. The remaining portions will remain in full force and effect.
Any failure on the part of BPF to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.
You consent to receive communications from BPF in an electronic form via the email address you have submitted, and agree that all Terms of Service, agreements, notices, disclosures, and other communications that BPF provides to you electronically satisfy any legal requirement that such communications would satisfy if in writing.
Our rights under the Terms will survive any termination of the Terms.
You agree that any cause of action related to or arising out of your relationship with BPF must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Neither party shall be liable under the Terms by reason of any failure or delay in the performance of its obligations due to causes beyond the reasonable control of such party, including strikes, riots, fires, floods, acts of God, war, governmental action, earthquakes, pandemic, or other similar events.
If, in our sole judgment, you fail to comply with any term or provision of the Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
We reserve the right, at our sole discretion, to modify or replace the Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
The Service is intended for users located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories where such access is illegal is strictly prohibited.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND WILL BE BOUND BY THEM.
YOU ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE BPF PRIVACY POLICY AND ANY AGREEMENT THAT INCORPORATES THESE TERMS, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDE ANY PRIOR AGREEMENT, ORAL OR WRITTEN.
YOU ACKNOWLEDGE THAT ADVANCE PAYMENTS (INCLUDING RESERVATIONS, DEPOSITS, PRE-PAYMENTS, AND PRE-PURCHASES) WILL BE USED BY BPF FOR THE PURPOSE OF DEVELOPING THE ANTICIPATED PRODUCTS OR SERVICES. BPF WILL USE ITS BEST EFFORTS TO DELIVER SUCH PRODUCTS OR SERVICES BUT CANNOT GUARANTEE DELIVERY. YOU ACKNOWLEDGE THE INHERENT RISKS OF ADVANCE PAYMENTS, INCLUDING THE POSSIBILITY THAT BPF MAY BE UNABLE TO HONOR THEM.
If you have any questions about these Terms of Service, please contact us at legal@betterplaceforests.org.
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