LAST UPDATED: MAY 20, 2021
Throughout this Agreement, the terms “Company”, “we”, “our”, or “us” means RE-TREE. The terms “you”, “your”, “user”, and “users” refer to all individuals and/or entities accessing the website for any reason.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
USE OF WEBSITE
This website is intended to provide you with information about our company, to serve as a platform to help you engage in peer sales transactions with other website users, secure tree related services and to enable you to contact us with any questions or comments that you may have. Any other use of this website is prohibited. By way of example, you should not use any features of this website that permit communications or postings to post, transmit, display, or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information.
ii. any advertisement, solicitation, spam, chain letter, false or misleading advertising or other similar type of information.
iii. any encouragement of illegal activity.
iv. unauthorized use or disclosure of private, personally identifiable information of others; or
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
WEBSITE CONTENTS AND OWNERSHIP
This website and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
The website and all original information and content contained thereon (excluding Content provided by you or other users), including all images, designs, photographs, writings, graphs, data, and other matters and materials related thereto (“Materials”) are the property of RE-TREE, and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of the Materials solely for the purposes of using this website for the authorized uses. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials. Except as provided in this Notice, RE-TREE does not grant you any expressed or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Our website allows you and other users to post content (“Content”). You are responsible for the Content that you post to the website, including its legality, reliability, accuracy and appropriateness.
By posting Content to the website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the website. You retain all of your rights to any Content you submit, post or display on or through the website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the website, who may also use your Content subject to these terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in this Agreement, and (ii) the posting of your Content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We are not responsible for the Content of the website’s users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account. You agree that under no circumstances will we be liable in any way for any Content from any user, including any errors, inaccuracies, falsehoods or omissions in any Content, or any loss or damage of any kind related to or incurred as a result of your use or submission of any Content.
INTELLECTUAL PROPERTY RIGHTS OF OTHERS
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Content from the website.
DISCLAIMER OF WARRANTY AND RELEASE
You expressly agree that use of this website is at your sole risk. Neither RE-TREE, its affiliates, nor any of its or their officers, directors, members, employees, contractors, agents, third-party content providers, third-party service providers or licensors (collectively, “Providers”), or the like, warrant that this website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this website, or as to the accuracy, completeness, reliability, security, or currency of the Materials or Content.
The trees or services available on the website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, product descriptions, specifications, availability, and services. Further, the Materials and Content may contain errors, omissions, inaccuracies, or outdated information. Further, RE-TREE does not warrant reliability of any statement or other information displayed, contained or distributed through or on the website. RE-TREE reserves the right, in its sole discretion, to change or update information and to correct any inaccuracies errors or omissions in any portion of the website. RE-TREE may make any other changes to this website, the Materials, Content and the products, programs, services, or prices (if any) described in this website at any time without notice.
Again, we are not responsible for any Materials or Content, including (but not limited to) information or material a user posts, uploads, inputs, submits, or transmits to the website. You are solely responsible for your Content to the website, the consequences of adding Content to the website, and your reliance on any Content. We are not responsible for the consequences or results of any content. We are not responsible for screening or monitoring Content added to this website by users. If notified by a user of Content allegedly in violation of this Agreement, we may investigate the allegation and determine in good faith, and in our sole discretion, whether to remove such Content. We will have no liability or responsibility to users for performance or nonperformance of such activities.
THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. RE-TREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RE-TREE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY GOODS OR SERVICES OFFERED, SOLD, PROCURED OR DISPLAYED ON/FROM THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITIES
RE-TREE does not own, control, offer or manage any trees offered for sale on our platform. RE-TREE acts as a platform to help you engage in peer sales transactions with our website users. We cannot ensure that a tree owner or buyer will actually complete any given transaction, or that the given tree or related services are as advertised. As such, we will not be held financially responsible or liable in any way, shape or form, for any and all losses, damages, costs, injuries or expenses incurred in connection with transactions processed or facilitated on or through our website. Nor are we responsible for any problems or issues with any trees or services ordered/purchased from third parties transacted or facilitated on our platform (however arising, including negligence). RE-TREE cannot and does not guarantee any user’s identity.
In the event that you have a dispute with one or more RE-TREE users, you release
RE-TREE (and our officers, directors, members, agents, subsidiaries, joint ventures, contractors and employees) from any and all claims, rights, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
YOU AGREE THAT RE-TREE AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE, INCLUDING ANY BREACH OF AND OR UN-AUTHORIZED ACCESS TO A USER’S ACCOUNT, INFORMATION OR A SECURITY BREACH, OR YOUR POSSESSION, RELIANCE OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL RE-TREE OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY PRODUCTS, TREES, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER RE-TREE OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the limitations herein may not apply. In these states, our liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless RE-TREE and its Providers from and against any and all claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the website, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
As our website is strictly web-based, we do not and cannot guarantee continuous, uninterrupted and/or secure access to our platform. Our website by its very nature can be interfered with by numerous factors outside our control. You agree to hold us harmless for any losses or damages of any nature whatsoever, caused by interruption to and/or access to our website.
LIMITATIONS ON CLAIMS
IN NO EVENT SHALL WE OR OUR PROVIDERS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND PROVIDERS.
THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
WARRANTIES AND GRANT
By placing an order or purchase through this website, you warrant that you are legally capable of entering into binding contracts. If you wish to place an order/purchase, you may be asked to supply certain information relevant to your order/purchase including, without limitation, your name, your email, your phone number, your credit card number, bank account details, the expiration date of your credit card and you’re billing or service address.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order/purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order/purchase. We reserve the right to refuse or cancel your order/purchase at any time for certain reasons including but not limited to:
- Tree availability
- Errors in the description or prices of trees or services
- Errors in your order/purchase
We reserve the right to refuse or cancel your order/purchase if fraud or an unauthorized or illegal transaction is suspected.
TERM AND TERMINATION
Without limiting its other remedies, RE-TREE may immediately discontinue, suspend, terminate, or block your and any user’s access to this website at any time in our sole discretion, without reason, explanation, or justification.
Further, RE-TREE may report you to the appropriate authorities, and cancel your account if you use our website in any of the following ways, as explained below.
i. To facilitate gambling and/or gaming activities.
ii. To facilitate the trade, barter, rental or creation of illegal narcotics and controlled substances.
iii. To facilitate the trade, barter, sale or creation of counterfeit or stolen items.
iv. To engage in activities or transactions that are fraudulent in nature.
v. To infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.
vi. To engage in activities that in any way violate any law, statute, ordinance, contract, or regulation, including, but not limited to, those governing financial services, consumer protection, unfair competition or false advertising, or
vii. Engage in activities that in any way contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, device, data or other personal information.
You further understand that, if you use this website in a manner that violates the categories described above, RE-TREE may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By using this website (including access/submitting Content) in a manner that contravenes the above-described rules, you acknowledge liability to RE-TREE for any and all damages suffered by RE-TREE. Without limiting the foregoing, you agree to reimburse RE-TREE for any and all damages, penalties, claims, costs, expenses and fines levied against RE-TREE by its payment processors and/or service providers as a result of your activities, or otherwise incurred by RE-TREE.
You will not be able to cancel or seek a refund for any order or purchase on the website.
All trees and services purchased may be subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa or MasterCard, bank transfer or online payment method (Venmo).
Payment cards (credit cards or debit cards) may be subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
Tree owners and buyers shall settle all transaction payments and disputes between themselves. RE-TREE is not responsible. RE-TREE’s fees are non-refundable on the earlier of: (a) receipt by RE-TREE; or (b) the relevant fee is charged or paid by a user. RE-TREE is entitled to retain all fees for use of this platform. No reimbursements are permitted.
As a convenience to you, we may provide on this website links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this website. If you decide to visit any Linked Site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by RE-TREE. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by RE-TREE. RE-TREE does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that RE-TREE or this website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of RE-TREE or any of its affiliates or subsidiaries. Except for links to information authored by RE-TREE, RE-TREE is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. RE-TREE reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
Any legal controversy or legal claim arising out of or relating to this Agreement, the website or the website Content and Materials, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Wayne County, Michigan. This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to any state’s conflict-of-law provisions. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THEWEBSITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
You agree that (i) the website shall be deemed solely based in Michigan and (ii) the web site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Michigan. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the state and federal courts located in Wayne County, Michigan, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents or other intellectual property or proprietary rights, as set forth herein, including any provisional relief required to prevent irreparable harm. You agree that Wayne County, Michigan, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision is found to be unenforceable.
ENTIRE AGREEMENT, ASSIGNMENT AND WAIVER
This Agreement constitutes the entire agreement between RE-TREE and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and RE-TREE with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not transfer or assign in any way any rights or obligations you may have under this Agreement. RE-TREE reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
The failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time, and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this website. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. RE-TREE does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from RE-TREE solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
RE-TREE assumes absolutely no responsibility for any purchases, and/or sales made through the website. At any time, you undertake a transaction including a purchase via our website, you acknowledge and confirm that these transactions are done at your own risk. We do not issue refunds if the products or services turn out to not be what you thought they were, were of inferior quality or if the other user in your transaction does not maintain their promises or falsely advertises. You should thoroughly investigate any third party before making the decision to transact with them. RE-TREE is only the owner of the platform and assumes no responsibility for your transactions or use of this website.
To the extent permitted by law, any cause of action by you with respect to the website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. To the extent that anything in or associated with the website are in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our rights under this Agreement shall survive any termination of this Agreement.
In general, you can visit this website without identifying who you are or revealing any information about yourself. Information collected online can generally be categorized as anonymous or personally identifiable. Anonymous information is information that cannot be connected to the identity of a specific individual. Personally, identifiable information that specifically identifies a particular user, such as name, address, or phone number. An example of anonymous information is the fact that, while this website may record the number of visits to a particular page that occur in a given period of time, it does not necessarily tell us the names or other identifying information of every visitor. Many users of this website will choose not to provide any personally identifiable information; therefore, those individuals are anonymous to us, and any data collected about their use of this website is anonymous information.
We do collect personally identifiable information from you when you (amongst other things) create an online account with us, use, request or inquire about our services, communicate with one of our representatives by phone, email, text message, instant messaging service, communicate with one our third party sales agents/representatives or third party service contractors, sign up for newsletters or our email list, participate in a survey or promotion, request information from us, use “chat” functionality on our website, apply for a job through the website, or otherwise contact us or provide us with personally identifiable information.
The information we collect from you may include the following:
- Contact information, including your name, address, email address, telephone, and/or mobile number;
- Driver’s license number, date of birth and jurisdiction of issuance;
- Credit or debit card number, date of expiration and CVV number or security code, or other financial information, including bank name, routing number and bank account information;
- Information for and results of credit check including date of birth;
- RE-TREE account number;
- Information you may provide when applying for a job with RE-TREE through the website or when setting up a RE-TREE account; and
- Payment information, including sales or charges you incur, and other information relating to your transactions.
You have choices about providing certain information. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to utilize the site or our services, you will be limited.AUTOMATIC ANONYMOUS INFORMATION
When you visit our website, we collect certain technical and routing information about your computer. For example, we log environmental variables such as browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, to try to bring you the best possible service. We also record search requests and results to try to ensure the accuracy and efficiency of our search engine. We use your IP address to track your use of the website, including pages visited and the time spent on each page. We collect this information and use it to measure the use of this website and to improve its content and performance. All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.COOKIES
and enhance our website and services. You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent; if you do so, this may limit the functionality we can provide you when you visit our website.
We collect personally identifiable information to assist or facilitate your use of the website, or our services, to aid or facilitate your transactions with other users including (but not limited to) sales transactions, to investigate, facilitate or assist with the provision of services to you by our third party service contractors (or other contractors), generate statistical studies, conduct marketing research, improve our platform, to send you surveys, to notify you of new products and any changes to our website that may affect you and such other uses detailed below. When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for these purposes.
In addition to the above, we may use the information we collect from and about you for any of the following purposes:
- To validate, confirm, verify, facilitate and track your transactions (including to process payment card transactions, or to contact you about a transaction);
- To provide, introduce or maintain our services to you;
- To enhance your online experience, including as a way to recognize you and welcome you to the website or make the use of the website or our services faster or smoother;
- To develop new services or enhancements to the platform, and to conduct analysis to enhance the platform or our services;
- To review the usage and operations of our website and improve our content, services and platform;
- To provide you with customized website content, targeted offers, and advertising on the website, (including geo-targeted advertising) or via mail, email, telephone, text message, in each case with your consent to the extent such consent is required by applicable law;
- To contact you with information (e.g., about products or services) or a transaction for same, newsletters and promotional materials from RE-TREE;
- To contact you when necessary;
- To use your data in an aggregated format for analytical and demographic purposes;
- To address problems with the platform, our services or our business;
- To comply with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies;
- In endeavoring to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties;
- In endeavoring to protect the security or integrity of the website, and our business, such as by protecting against fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users;
- To manage your account or requests, or to manage your registration as a user of the platform/website/;
- For the performance/facilitation of a contract or transaction: To facilitate the purchase of trees or tree services;
- To monitor and analyze the use of our services or website;
- To show advertisements to you to help support and maintain our services, platform or website;
- For payment processing purposes;
- As otherwise described to you at the point of data collection; and
- For other purposes, as permitted or required by law.
We will not sell any personally identifiable information to any third parties.
We retain personally identifiable information to the extent we deem necessary or desirable to carry out the activities described above and herein, including but not limited to, compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our rights, property, or safety, and the rights, property, and safety of our users and other third parties.OPT-OUT POLICY
If at any time you do not wish to receive offers and emails from us, we ask that you tell us. You may remove your name from our mailing list by sending us an email address [email protected] and indicating in the subject line “No Offers or Email.”SECURITY
We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as reasonably necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized or inadvertent disclosure will never occur. We cannot guarantee our security measures will be effective or sufficient. In addition, you should be aware that internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the website or the web is or will be secure. Nor are we responsible for same.TRANSFER OF CUSTOMER INFORMATION
Customer/user lists and information are considered assets of our business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer and user lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.INFORMATION SHARING
RE-TREE may disclose the personally identifiable information we collect from and about you in the following ways:
- With our third-party service providers that provide business, payment, collections, professional or technical support or functions for us;
- With our third party service providers (or other providers) that may provide tree related services to you;
- With other companies that assist us with our platform or our services, including, but not limited to, providing you with customer assistance; and facilitating any transactions on our website or providing tree related services;
- To respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law;
- With our business partners to offer you certain products, services or promotions;
- When you share personally identifiable information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a third-party social media service, your contacts on the third-party social media service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile;
- To third-party service providers to monitor and analyze the use of our website or services;
- To third party service providers to show advertisements to you to help support and maintain our services;
- To third-parties for payment processing (e.g. payment processors);
- Share aggregate information with third parties for their marketing or analytics uses; and
- Any other information sharing that is permitted by law.