TERMS & CONDITIONS This Terms of Use Agreement (the Agreement) has been developed by e-BlueHorizons, LLC (the Company, or we) to explain the terms and conditions that govern the services provided to a person or entity (the Customer, or you) whose order is accepted for fulfillment by the Company via the e-BlueHorizonsSM Web site (the Site). Please read this Agreement carefully. By choosing to be a Customer, you agree that you have read, understand and agree to the terms of the Agreement. If you do not agree to the terms of the Agreement, please do not choose to be a Customer through the use of this Site. If you have questions, you may contact us by e-mail at customerservice@e-bluehorizons.com. Description of Service The service being offered to the Customer involves payment to the Company to retire a designated quantity of verified reductions in greenhouse gas(GHG) emissions, which verified reductions are hereafter referred to as Offsets. The placement of an order also results in a payment by the Company to The Conservation Fund (the Fund), a non-profit environmental conservation organization, to support the Fund’s reforestation and GHG sequestration programs. Upon receipt of payment from the Customer, the Company will issue the Customer a certificate via e-mail that confirms the details of the transaction , including the number of Offsets that will be retired as a result of the Customer order. As used in this Agreement, the term “retirement” refers to the permanent recorded disposition of an Offset such that it cannot be re-sold or otherwise utilized by any entity to facilitate, enable or offset any past, present or future GHG emission. Accordingly, the Customer shall not receive title to the Offsets being retired as a result of the Customer’s order. Therefore, the Customer has no right to re-sell the Offsets, no right to claim the Offset as the basis for any right to pollute, and no right to take any other action that might otherwise be predicated on having an ownership or economic interest in the Offsets that have been or that will be retired as a result of the Customer’s order. Independent Verification and Registration The Company has entered into service agreements with accredited, independent third-parties, Environmental Resources Trust, Inc. (ERT), and First Environment, Inc., pursuant to which those entities have provided or are providing the following services: Developing Monitoring, Reporting and Verification Protocols (the Protocols) for the purpose of validating each project through which Offsets offered by Company are being created; Verifying that Offsets claimed by the Company have been created, quantified and reported in compliance with the Protocols; and Creating an account for the Company on the American Carbon Registry™ to track the registration, ownership status and disposition or retirement of Offsets created by the Company. Support for The Conservation Fund The Company has entered into a Memorandum of Understanding (MOU) with The Conservation Fund, a non-profit organization based in Arlington, Virginia, pursuant to which the Company will make a payment to the Fund equal to fifty percent (50%) of the net revenues received by the Company as a result of Customer orders. For purposes of this Agreement and the MOU, the term “net revenues” means the amounts actually received by the Company from Customers to retire Offsets, less any amounts that may be paid by the Company to third parties to acquire the Offsets being retired. As of the time of the writing of this Version of the Agreement (see date below), the Company has incurred no such Offset acquisition costs, because all Offsets available on the Site were generated and owned by the Company or its corporate affiliates. However, the Company may incur such Offset acquisition costs in the future. Guarantees and Refund Policy The Company guarantees that Offsets offered for retirement on this Site are verified emissions reductions that have been created and registered in accordance with the Protocol approved by ERT, and that all Offsets designated for retirement will in fact be retired directly without further transfer of ownership. If, for any reason, it is determined that Offsets that have been designated for retirement were either not created in accordance with the ERT Protocol or have not been properly retired (Deficient Offsets), then the Company will, on behalf of the Customer, (a) remedy any deficiency in the Credit creation or retirement process that can be remedied; (b) in the event that the deficiency cannot be remedied, replace the Deficient Offsets by retiring an equal quantity of Offsets that were demonstrably created in accordance with the ERT Protocol and can be properly retired; or (c) in the event that neither (a) nor (b) can be implemented, provide the Customer a refund of the amount of the payment made by the Customer that is attributable to the Deficient Offset(s). No refund shall be provided to the Customer of any amounts paid by the Customer to the Company that are attributable to either (a) Offsets that are not Deficient Offsets, or (b) subsequent and related Company contributions to The Conservation Fund. Personal use The services provided by the Company pursuant to this Site are intended for personal use only. The Company makes no representation that transactions conducted pursuant to this Agreement will satisfy any specific regulatory purpose or requirement. Any Customer or prospective Customer interested in acquiring Offsets for regulatory purposes may contact the Company by e-mail at customerservice@e-bluehorizons.com. Sales tax The Company is not required to collect sales tax on the amount paid by the Customer, because the transaction between the Customer and the Company involves provision of a service rather than a sale of a product. The Company is aware that certain jurisdictions, including the Commonwealth of Massachusetts, have enacted legislation requiring their residents that purchase certain products and services over the Internet to make payments of sales or other taxes on such purchases. The Company is not aware of any such requirement at this time that applies to transactions between the Company and the Customer through this Site. Nevertheless, to the extent that any such requirement for the Customer to pay sales or other taxes on Internet purchases is or becomes applicable to transactions with the Company, the Customer is solely responsible for paying the applicable sales or other taxes. Links to other sites This Site may contain links or references to other sites as a courtesy to customers and other Site visitors. The Company is not responsible for the terms and conditions of use or content of these other sites, nor does the existence of a link necessarily imply a relationship between the Company and the linked site. Visitors to linked sites should read the terms and conditions statements of each and every site that they visit. The Company hereby disclaims any representations and warranties expressed on any site other than the Site. If you have an unsatisfactory experience with a site that you visit through a direct link from our Site, please let us know by e-mail at customerservice@e-bluehorizons.com. Service mark protection The Company is a limited liability corporation registered in the State of Delaware. “e-BlueHorizonsSM” is a service mark owned by the Company and registered in the Commonwealth of Massachusetts. The Company has sole rights to use of the e-BlueHorizonsSM name and service mark. The use of the logo, images, text and other content available through this Site is protected by laws governing service marks and other intellectual property, and neither the placement of an order nor any other use of the Site conveys any rights to or interest in such intellectual property of the Company to the Customer. Except as provided herein, no portion of the materials from this Site may be reprinted or republished in any form without the express written permission of the Company. Permission is granted to print copies of Site pages for your own personal use and records (but not for any commercial use), provided that source attributions and copyright notices and service marks are maintained. Changes in this Agreement The Company reserves the right to make changes in this Agreement at anytime. Such changes will become effective when posted on this Site. Agents The Customer agrees that, if an agent for Customer enters into a transaction with the Company on the Customer’s behalf, the Customer is bound as a principal by all terms and conditions herein. Liability This Site is provided as-is with no representations or warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, other than as stated explicitly in this Agreement. The Customer assumes complete responsibility and risk for use of this Site and any and all Site-related services. Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you. The Company, its agents, representatives, owners, members, managers and employees are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to this Site, Site-related services and/or content or information contained within the Site. The Company shall not be liable to any Customer or other visitor to this Site for any incidental, consequential, special or punitive damages or costs, or for any lost or imputed revenues, royalties or profits arising out of the this Agreement or any goods or services provided hereunder, whether for breach of warranty or any obligation arising therefrom. E-mail transmissions Our Site uses an on-line secure order form for customers to pay for our services. When you send e-mail to the Company, the electronic mail transmission is not necessarily secure and is not encrypted, and is therefore not necessarily protected from unauthorized access. Transmission of e-mail to the Company is at your own risk. The Company cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information not submitted over the secure server. Governing law The Customer hereby consents to the exclusive jurisdiction of the Commonwealth of Massachusetts and federal courts having jurisdiction in the County of Suffolk in the Commonwealth of Massachusetts. The Customer hereby waives any jurisdictional, venue or inconvenient forum objections to such courts. Satisfaction If you feel that we have not followed these terms of this Agreement, or if you have any questions or concerns regarding the use of the Site, you may contact us at customerservice@e-bluehorizons.com.