CARBON OFFSET SUBSCRIPTION SERVICE TERMS & CONDITIONS

Be Neutral Now (BNN) is dedicated to confronting global climate change and its impact on our planet. We are a unique service provider that allows subscription customers to directly make a difference in how the environment is impacted by their personal lifestyle choices. When you purchase offset credits from us, you are joining our community to support the minimization of harmful greenhouse gases into our atmosphere which accelerate climate change. How participation works: 1) subscribe to our carbon offset program, 2) select the amount of carbon emissions reductions/elimination complements your lifestyle, 3) BNN will access the carbon offset marketplace to procure offsets to achieve the net impact of your selection 4) watch for periodic updates as to our portfolio of projects as carbon offsets are retired and new projects added.

NATURE OF PAYMENT

Please note that although Be Neutral Now's (BNN) goal and programs are designed to reduce carbon emissions and improve the environment, BNN is not a public charity and payments to BNN do not constitute tax deductible charitable donations.

BILLING

We will continue to bill your credit card each month as a subscription service until you cancel. Each monthly payment will purchase 1/12 of the number of tons you chose to offset for the year. Your payments will be dedicated to the portfolio of projects indicated during your sales presentation and/or the projects presented on our website. The portfolio of projects may be modified at BNN's discretion. You can always learn which projects your monthly payments are helping to build or support by sending us an e-mail at customerservice@beneutralnow.com, or calling our toll-free number 1-888-309-0542. If our portfolio doesn't contain a project you want to help build or support, we'll either switch you to a different project or terminate our monthly billing, whichever you prefer. Billing options are annually, quarterly, or monthly, and your credit card will be charged prior to purchase of the applicable carbon offsets.

REFUNDS

All purchases or subscriptions are refundable if terminated within 30 days of sale date.

CANCELLATION

You may cancel any time for any reason by sending us an e-mail to customerservice@beneutralnow.com, by calling us at 1-888-309-0542, or using the chat feature on our website, and we will immediately discontinue further charges to your credit card. If you do cancel, please tell us why our service did not meet your expectations.

DISCLAIMER AND LIMITED LIABILITY

You are entirely liable for activities conducted by you in connection with your access and use of any of the programs and offers provided by BNN (the "Service" or "Services"). If you are dissatisfied with the content or the Service or with these Terms, your sole and exclusive remedy is to stop using the program or Services offered by BNN.

THE CONTENT AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. NEITHER BNN NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYERS OR AGENTS ("COLLECTIVELY, "THE BNN ENTITIES") MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SERVICE, THE SERVICE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICE. THE BNN ENTITIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE BNN ENTITIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. ANY SUPPLIERS OFFERING AND PROVIDING SERVICES ON THIS SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BNN. THE BNN ENTITIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

IN NO EVENT WILL THE BNN ENTITIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

IN NO EVENT SHALL THE BNN ENTITIES OR ANY OF THEIR THIRD PARTY LICENSORS, RESPECTIVE CONTRACTORS, OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN, WITH RESPECT TO ANY USE OF THE SERVICE OR ANY HYPERLINKED WEBSITE, EVEN IF THE BNN ENTITIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE BNN ENTITIES NOR ANY OF THEIR AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT ON THE SERVICE OR OTHERWISE. IN NO EVENT WILL THE BNN ENTITIES, THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SERVICE.

The content may include delays, omissions or inaccuracies due to the number of sources from which the content is obtained. BNN assumes no liability for any errors or omissions in the content and expressly disclaims any responsibility to update the Service or the content displayed on the Service. BNN assumes no responsibility for the use of third-party software and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

All estimates regarding the quantity of carbon credits or emissions reductions represented by your payment are estimates only and subject to change. In no event shall BNN be liable to you for indirect, special, incidental or consequential damages of any kind, including, without limitation, loss of revenues or profits. In no event shall BNN be liable for any failure to perform to the extent caused by or resulting from any cause or circumstance beyond its reasonable control and which, by the exercise of due diligence, it could not have reasonably prevented or overcome.

Your sole and exclusive remedy for dissatisfaction with the BNN carbon offset credits offered through this Website is to stop using the BNN program.

INDEMNIFICATION

BY USING ANY BNN SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BNN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF ANY SERVICE AND ANY VIOLATION OF THESE TERMS OF USE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SERVICE OR THE SYSTEMS TRANSMITTING THE SERVICE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.

GOVERNING LAW

These Terms of Service will be interpreted, construed and enforced in accordance with the laws of the State of Texas, U.S.A. without regard to its provisions governing conflicts of laws.

DISPUTE RESOLUTION/ARBITRATION

To the extent allowable by law, any dispute relating in any way to your access to and use of any BNN Service shall be submitted to confidential and binding arbitration in the State of Texas under the rules of the American Arbitration Association. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of BNN or its licensors, as the case may be, BNN or its licensors may seek injunctive or other appropriate relief in any state or federal court in the State of Texas.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND BNN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state or federal courts located in Houston, Texas. All rights not expressly granted herein are reserved.

Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and BNN agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY BNN OR A LICENSOR OF BNN.

SEVERABILITY

If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and these Terms and Conditions shall be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or its severance here from. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of these Terms and Conditions a provision mutually agreeable to both parties hereto, and as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.

FORCE MAJEURE

BNN shall be excused from performance under these Terms to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of BNN.

BUSINESS TRANSITIONS

In the event Be Neutral Now goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information.

CHANGES

We reserve the right to make changes to these Terms. We will inform you of any material changes to these Terms of Service by posting on our Website. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms.

All information included on the web pages or pop-ups linked to in these terms and conditions is incorporated into these terms and conditions by this reference, with the same effect as though fully set forth herein.

PRIVACY POLICY

These Terms and the use of our website include and are subject to our Privacy Policy set forth at https://www.beneutralnow.com/privacy-policy. In addition, BNN will never sell or intentionally share your information as set forth at https://www.beneutralnow.com/privacy-policy#ccpa.

CONTACT US

If you have any questions about these Terms, please contact us at customerservice@beneutralnow.com.