IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GENERATION ENVIRONMENT, PBC (“GEN E” OR “WE” OR “OUR” OR “US”), THE OWNER OF THE GEN E APPLICATION (the “APP”) AND THE WEBSITE (the “WEBSITE”) LOCATED AT WWW.GENERATIONENVIRONMENT.COM (COLLECTIVELY, THE “PLATFORM”). BEFORE ACCESSING, DOWNLOADING OR USING ANY PART OF THE GEN E PLATFORM, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT BECAUSE YOUR ACCESS TO AND USE OF THE PLATFORM – AND ANY SERVICES, CONTENT, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE PLATFORM – ARE SUBJECT TO THESE TERMS OF USE (THE “TOU”), AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY GEN E. GEN E IS WILLING TO LICENSE AND ALLOW THE USE OF THE PLATFORM ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TOU.  IF YOU DO NOT AGREE WITH THESE TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLATFORM  AND ARE INSTRUCTED TO DELETE OR OTHERWISE REMOVE THE APP FROM YOUR MOBILE DEVICE IMMEDIATELY.   THESE TERMS OF USE MAY BE CHANGED OR UPDATED BY GEN E FROM TIME TO TIME WITHOUT ADVANCE NOTICE.  THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU CONTINUE TO USE THE PLATFORM AFTER THESE TOU HAVE BEEN CHANGED OR UPDATED, YOU WILL BE BOUND BY THE REVISED TOU. 

TERMS AND CONDITIONS

Description of the Service

The Gen E Platform provides you the ability to contribute a small portion of your purchasing transactions (micro-philanthropy) made via your designated credit/debit card(s) towards climate and environmental philanthropic causes/nonprofits. You will also have the option to make individual donations (called “Spot Donations”).

Registration; Restrictions

You can download the App and access the Website without being required to register or provide us with any personally identifying information.  However, certain features of the Website may require you to provide us with some personally identifying information. Additionally, if you want to use the App to contribute to climate and environmental philanthropic causes, you will need to register and create an account (the “Account”).  As part of the registration process, you will be asked to provide certain information about yourself, including your name, email and phone number.  You will also be asked to create a user name and password.  The user name and password that you provide are your credentials (“Credentials”), and you will use these Credentials in order for the App to authenticate you as a registered user of Gen E. 

Once authenticated, you will be able to allocate a portion of your purchasing transactions towards climate and environmental philanthropic causes/nonprofits.  You may not have more than one active set of Credentials. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you provide any information that is untrue, inaccurate, non-current or incomplete (or becomes untrue, inaccurate, or non-current), or Gen E has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof). In your use of the App, you are responsible for maintaining the confidentiality of your Credentials and for restricting access to your device. You agree to accept responsibility for all activities that occur under your Account. You agree to notify us immediately – by emailing us at support@generationenvironment.com – of any unauthorized use of your Account or any other breach of security. 

Any personally identifying information you provide to us is governed by our Privacy Policy – located here – and you hereby acknowledge and agree to any such use and further specified therein.

Intellectual property rights

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of Gen E or one of its affiliates.  All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Gen E or one of its affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Platform are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Platform without the prior written authorization of Gen E or their respective owners.

Copyright

Except as otherwise expressly stated, all content appearing on this Platform is the copyrighted work of either Gen E or its third party content suppliers or authorized users, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Gen E, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this Platform, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Gen E, or any applicable third-party suppliers or authorized users. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Gen E. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Gen E does not warrant nor represent that your use of any content or materials displayed on this Website will not infringe rights of third parties. 

Gen E License Grant

The Gen E App is provided by Gen E, and these TOU provide to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to download and install a copy of the App on any mobile device or tablet that you own or control and to run such copy of the App solely for your own personal use.  Your use of the App and any services or information made available through the App is conditioned on your continued compliance with the terms and conditions of these TOU.  Accordingly, you expressly acknowledge and agree that Gen E transfers no ownership or intellectual property interest or title in and to the Gen E App to you or anyone else.  All text, graphics, user interfaces, visual interfaces, photographs, compositions, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Platform, unless otherwise indicated, are owned, controlled, and licensed by Gen E and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, Gen E does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.  Accordingly, your unauthorized use of the Gen E Platform may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

Reservation of Rights

Gen E reserves the right in its sole discretion and at any time to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Platform, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the Platform or to comply with applicable law.  Gen E shall not be liable to you or to any third party for any such modifications, interruptions, suspensions or discontinuances of the Platform.

Payments and Payments Processing; Rules for All Payments; Fees

In order to process and manage your micro-philanthropic contributions, Gen E has engaged the services of  third party payment service provider(s) to process payment transactions.  We use Stripe, Inc. to collect your credit card information.  To connect your Account with your bank and track your transactions, we use Plaid, Inc. to manage that connection.  Once your Account is active, we will track your credit card purchases/transactions for purposes of supporting your micro-philanthropic contributions. 

We encourage you to review the privacy policy and related terms of both Stripe and Plaid prior to providing us with such information.  Gen E is not affiliated with either of these third party service provider(s), and neither is the agent or employee of the other, and Gen E is not responsible in any way for the actions or performance (or lack thereof) of such third party service provider(s).  Accordingly, Gen E expressly disclaims responsibility and liability for all such third-party services, and you hereby agree that Gen E shall not be responsible for any loss or damage of any sort incurred as a result of such services.

You hereby acknowledge and agree that all contributions pledged or processed through the Platform are final and non-refundable.

Every purchase you make for which you have agreed to make a micro-philanthropic contribution will automatically trigger a donation pledge to the portfolio of climate and environmental philanthropic causes/nonprofits you have designated to receive those donations.  Gen E takes a fee on the aggregate monthly donation amount (the “Gen E Philanthro-Fees”).  The current Gen E Philanthro-Fees are, as follows:

Monthly Aggregate Donations above $7: 8% 

Monthly Aggregate Donations between $1.00 – $7: up to $0.67

Please be advised that if your aggregate donation pledge tied to the purchases made on your designated Purchase Tracker account total is less than $1 at the end of a monthly cycle, it will be rounded up to $1 for purposes of your monthly micro-philanthropic contribution.

Additionally, the applicable third-party payment processing fees will also be deducted from your donation pledge, which are currently 2.2% + $.30 per donation transaction.

Note that we will automatically charge your designated Funding Source credit/debit card(s) on the 5th day of every month with the total donation amount from the previous month. This total includes all of your micro-philanthropy contributions, plus any other Spot Impacts or Boosts you may have added to your monthly giving. The entirety of your donation is a tax-deductible gift and you will be issued a receipt for that amount.

Please note that in regard to disbursing donations pledged and processed via our Platform, Gen E has partnered with Charities Aid Foundation America, Inc. (“CAF America”), which is our 501(c)(3) grantmaking partner. All donations made through the Gen E Platform go directly to CAF America, which issues grants to the designated climate and environmental philanthropic causes/nonprofits selected by you.  Approximately 10 – 15 business days following CAF America’s receipt of donations, and so long as the designated cause continues to qualify as an eligible recipient of CAF America grants, CAF America will make a grant to your designated cause(s) equal to the total donations received for the designated cause less the Gen E Philanthro-Fees and third-party payment processing fees delineated above. The charge to your credit/debit card statement will show the vendor descriptor as ‘Gen E-CAF America’, and your donation receipt will show that your donation was made to CAF America, and indicate the designated cause you selected.

While CAF America takes all reasonable steps to attempt to grant donated funds to the designated causes selected by Gen E users, including pre-qualifying the designated causes to receive grants, CAF America retains exclusive legal control over all donations. In the rare cases when a designated cause fails to meet the requirements of CAF America’s grantmaking policies and procedures, CAF America reserves the right to distribute funds to another organization of its choice, and will aim to grant the funds to another organization that supports a similar charitable cause.

Use of Funds

Please note that all donations made through the Platform are granted to philanthropic organizations as unrestricted grants.  Neither Gen E nor CAF America monitors or controls any of the philanthropic organization’s activities, and neither shall be responsible, in any manner or form, for the use or non-use of any funds granted by CAF America to any philanthropic beneficiaries. 

Acknowledgments. 

By downloading, accessing, or using the App, or accessing or using the Website, you represent that you are at least 18 years of age.  If you are less than 18 years of age, you are prohibited from using the Platform. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Platform. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Platform is solely at your own risk.  While Gen E has endeavored to create a secure and reliable Platform, you should understand that the confidentiality of any communication or material transmitted to/from the Platform over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, Gen E is not responsible for the security of any information transmitted to or from the Platform. 

Prohibited Use/Activities

In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that when you use any element of the Platform, you will not: 

(1)  create a false identity for the purpose of misleading others or impersonate any person or entity;

(2)  violate any applicable local, state, national or international law;

(3)  license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or in any way;

(4)  modify or make derivative works based upon the Platform;

(5)  create Internet “links” to the Service or “frame” or “mirror” any Platform on any other server or wireless or Internet-based device;

(6)  reverse engineer or access the Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application;

(7) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Platform;

(8) interfere with or disrupt the integrity or performance of the Platform or the data contained therein, or attempt to gain unauthorized access to the Platform or its related systems or networks.

Gen E will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Gen E has no obligation to monitor your access to or use of the Platform, but has the right to do so for the purpose of operating the Platform and providing the Services, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Gen E reserves the right, at any time and without prior notice, to we reserve the right to suspend or terminate your Account, or restrict, disable or permanently bar your use and  access to the Platform (or any portion thereof) if we believe, in our sole discretion, that you have engaged, or may engage, in any of the above prohibited activities.

No Solicitation or Endorsement

The Platform provides a selected list of climate and environmental philanthropic causes/nonprofits.   In some cases we may also display a philanthropic organizations logos or provide additional information about that philanthropic organization, apart from the aggregated list. Be advised that the listing or display of a philanthropic organization on the Platform does not constitute a solicitation of donations; Gen E does not engage in any solicitation activities on behalf of, or endorse, any of the philanthropic organizations that may be  included on the Platform, nor does it consult on the solicitation of contributions, on behalf of any individual, entity, or organization that may be included on the Platform.

The list of philanthropic organizations displayed on the Platform is provided as a convenience to you, and is not intended to constitute advice, endorsement or recommendations of any kind. In regard to the information that may be linked with any such philanthropic organizations listed on the Platform, while we have used reasonable efforts in providing such information, we make no warranty or guarantee about the accuracy, completeness, or adequacy of the information.  Gen E has not independently verified any of the information provided,  and you assume the sole and complete responsibility to assess, review and verify the suitability of any climate and environmental philanthropic causes/nonprofits you support via the Platform.

Disclaimers

WHILE GEN E ENDEAVORS TO PROVIDE A RELIABLE AND FUNCTIONAL PLATFORM, THE INFORMATION, PLATFORM, CONTENT AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE PLATFORM, SERVICES, AND INFORMATION, INCLUDING ANY SERVICES PROVIDED BY CAF AMERICA. GEN E EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. GEN E ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GEN E (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, AND DISTRIBUTORS) BE LIABLE FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR ANY OF THE SERVICES, OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY GEN E OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PLATFORM, OR (iii) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION, OR ANY DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY USING THIS PLATFORM, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN; IF YOU DO NOT AGREE TO THIS ALLOCATION OF RISK, YOU MUST NOT USE THE PLATFORM.

Indemnity 

You agree to defend, indemnify, and hold harmless Gen E and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach or alleged breach by you of these TOU.

Governing Law

These TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and Gen E each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.

Arbitration

Any disputes or claims under this TOU or its breach shall be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules.  One arbitrator appointed under such rules shall conduct arbitration.  Arbitration shall be in New York County, New York, and the laws of New York shall be applied.  Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, Gen E may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against Gen E must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Platform and/or any of the services, or the Ads, Rewards or the TOU, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by Gen E with respect to a breach by you or others does not waive Gen E’s right to act with respect to subsequent or similar breaches.

Term and Termination. 

This TOU and your right to use the Gen E Platform will take effect at the moment you install or download the Gen E Platform or any of its features, and is effective until terminated as set forth below. In addition, Gen E reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Platform for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this TOU, or in order to protect its name and goodwill, its business, and/or other users.  Termination will be effective without notice.  you may also terminate this TOU at any time by ceasing to use the Platform and all of its related features, including any Content Gen E created by the Platform, but all applicable provisions of this TOU will survive termination, as identified below.  Upon termination, you agree to delete or otherwise remove the Platform from your mobile device.  In addition to the miscellaneous section below, the provisions concerning Gen E’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOU for any reason.

Changes to the Terms of Use

Gen E reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

Miscellaneous

This TOU constitutes the entire agreement between you and Gen E and governs your use of the Platform, superseding any prior agreements between you and Gen E. you will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Gen E. Any purported assignment or delegation by you without the appropriate prior written consent of Gen E will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by Gen E to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by Gen E of that or any subsequent default or failure of performance.  The Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Gen E to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Platform provides.  If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.  No joint venture, partnership, employment, or agency relationship exists between you and Gen E as result of this TOU or your utilization of the Gen E Platform.  Headings herein are for convenience only.

No Class Action

YOU AND GEN E AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR GEN E WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GEN ERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR GEN E ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND GEN E FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, GEN E, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Terms of Service: last updated October 15, 2020.