Terms of Use

Last update December, 2017

The www.TheTreesRemember.com website (the “Site”) is offered to you by The Trees Remember, LLC conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

Your use of the Site constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
www.TheTreesRemember.com is the e-commerce website of a business which seeks to offer the planting of trees on federal lands through governmental and third party non-profit as a means for the general public to give meaningful gifts to their friends and loved ones.

Privacy

Your use of www.TheTreesRemember.com is subject to the Privacy Policy found on the Site. Please review our Privacy Policy, which also pertains to the website as well as our data collection practices.

Electronic Communications

Visiting www.TheTreesRemember.com or sending emails through its links constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. The Trees Remember does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.TheTreesRemember.com only with permission of a parent or guardian.

Off-site Links

www.TheTreesRemember.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Trees Remember, nor is The Trees Remember responsible for the contents of any Linked Site. The Site only delivers these links as a convenience, with no endorsement of the content or operators of said links implied thereby. Certain services made available via www.TheTreesRemember.com are delivered by third party sites and organizations..

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.TheTreesRemember.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Trees Remember that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Trees Remember or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Trees Remember content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Trees Remember and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Trees Remember or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your The Trees Remember account to third party accounts. By connecting your The Trees Remember account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by The Trees Remember from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Trees Remember Content accessed through www.TheTreesRemember.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless The Trees Remember, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Trees Remember reserves the right, at its own cost, to assume the exclusive defense and control

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE TREES REMEMBERLLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE TREES REMEMBERLLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE TREES REMEMBER LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TREES REMEMBER LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TREES REMEMBER LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The Trees Remember reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent This agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Trees Remember as a result of this agreement or use of the Site. The Trees Remember’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Trees Remember’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Trees Remember with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Trees Remember with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Trees Remember with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Trees Remember reserves the right, in its sole discretion, to change the Terms under which www.TheTreesRemember.com is offered. The most current version of the Terms will supersede all previous versions. The Trees Remember encourages you to periodically review the Terms to stay informed of our updates.

 

Privacy Policy

Cookies

A cookie is a data file, which is stored on your computer when you visit our website, provided your browser settings allow such action. The cookie contains information that we sent to your computer. It does not contain any personal data. We use session cookies, which are temporarily stored while you visit our website. At the same time, we also use persistent cookies, which remain on your computer, even after the browser session has ended.

The persistent cookie contains an ID, by means of which we can identify your computer. This helps us improve our services when you return to our website.

If you do not want to use cookies, please adjust the use of cookies in the security settings of your browser accordingly. In the most common browsers, the configuration options can be found in the ‘Extras’ menu under ‘Settings’ or ‘Internet options’ in the ‘Privacy’ tab.

Please note that some websites may not work properly without the use of cookies.

Google Analytics

This website uses Google Analytics, a popular web analytics service provided by Google Inc. (‘Google’). Google Analytics uses cookies to help us analyze how you use the website. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA.

On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services to website operators relating to website activity and internet usage.

Google will not associate the IP address transmitted under Google Analytics by your browser with other data held by Google.

We use the following Google Analytics features for display advertising, such as Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, Google Analytics Demographics, and Interest Reporting.

You can deactivate Google Analytics for display advertising and customize the ads in the Google Display Network in the Ads Settings or using the Ads Preferences Manager (http://www.google.com/settings/ads/onweb/?hl=de).

You may prevent the storage of cookies by selecting the appropriate settings on your browser software; however, we must advise you that in this case, you might not be able to use all features of this website to the full extent. You may prevent Google from recording the data generated by the cookie and pertaining to your use of the website (including your IP address), or processing this data by downloading and installing the following browser plug-in available through the following link: http://tools.google.com/dlpage/gaoptout?hl=en

Further information on data privacy and terms of use can be found under http://www.google.com/analytics/terms/us.html or https://www.google.com/intl/en/policies/.

Facebook

Our website uses social plugins (‘plugins’) from the social network facebook.com, which is operated by Facebook Inc. (“Facebook”), 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins are marked by one of the Facebook logos or with the addition ‘Facebook Social Plugin’.

When you open a page on our website, which includes such a plugin, your browser will establish a direct connection to the Facebook server. The content of the plugins will be transferred directly to your browser and integrated within the website.

Thus we have no influence on the data gathered by the plugin and inform you according to our state of knowledge:

The embedded plugins provide Facebook with the information that you have accessed the corresponding page of our website. If you are logged into Facebook, your visit can be assigned to your Facebook account. If you interact with the plugins, for example by clicking “Like”, or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored by it.

If you are not a member of Facebook, there is the possibility that Facebook learns your IP address and stores it.

The purpose and scope of data collection and further processing and use of data by Facebook as well as the relevant rights and settings options for protecting the privacy of users can be learned from the data privacy information of Facebook: http://www.facebook.com/policy.php

If you are a member of Facebook and do not want Facebook to collect data about yourself via our website and link it to the member data stored by Facebook, you must log out of Facebook before visiting the website.

It is also possible to block Facebook Social Plugins by using add-ons for your browser, for example the ‘Facebook Blocker’.

Google AdWords

To measure performance, Google uses small strings of text (also known as ‘cookies’) that are stored on your computer when you click on ads. Cookies usually remain active on your computer for about 30 days. If you visit certain pages of the customer’s website during that period, Google and the customer will be able to tell that you saw the ad delivered by Google.

If you would like to know more about how Google handles information gathered from the use of cookies, please read Google’s privacy policy. If you want to disable the use of cookies, you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Be aware, however, that some websites may not function properly if you refuse to accept cookies.

See also: https://services.google.com/sitestats/en.html

We use Google remarketing tags. These are services provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as ‘Google’).

Google uses cookies, which are stored on your computer, to help us analyze how you use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. The IP address is subsequently shortened by Google by the last three positions, so that a clear allocation of the IP address is no longer possible. Google complies with the data privacy regulations of the “US Safe Harbor” convention and is registered with the “Safe Harbor” program of the US Ministry of Commerce.

Google will use this information to evaluate your use of the website, to produce reports concerning the website activities for the website operator and to produce additional services associated with the use of the internet and website.

Google may also transfer this information to third parties if this is legally permitted or if third parties process this data on behalf of Google. Third parties, including Google, place advertisements on websites on the internet and use stored cookies for placing advertisements on the basis of previous visits by a user to this website.

On no account will Google link your IP address to other data retrieved by Google. The data collection and storage can be objected to at any time with effect for the future. You can disable the use of cookies through Google by opening the site for deactivation of Google advertising http://www.google.com/settings/ads/aufrufen.

However, we point out that in this case, various features of the website will not be available to you in their full capacity. The use of this website implies your agreement to Google using the data collected from you in the way described above and for the purpose described above. Additional information about the Google policies can be found here: http://www.google.com/intl/en/policies/privacy/

The collection and storage of data may be revoked at any time with respect to future services.

This website also uses Google Conversion Tracking. In this case, Google Adwords places a cookie on your computer if you reached our website through clicking on a Google ad. This cookie will expire after a 30-day period and is not used to identify our visitors.

Whenever a user visits one of our sites and the cookie is still valid, Google and we are able to recognize which ad was clicked and the forwarding source page.

Every Google AdWords customer gets a unique cookie. Cookies cannot be tracked by websites of AdWords customers. The cookie information is used to create statistics about the conversion for Google AdWords customers, which have decided to use the conversion tracking.

AdWords customers only get to know the total number of visitors, who clicked on the advertisement and were forwarded to a site which include a conversion tracking tag. But there is no information included, which could help identify users.

If you do not want to participate in the tracking program, you can refuse to accept a cookie. This can be done in the browser setting, where you can disable the automatic acceptance of cookies. If you want to disable conversion tracking cookies, you can also set your browser to block cookies from the googleadservices.com domain

Google’s privacy policy for Conversion Tracking can be found here: http://www.google.com/intl/en/policies/privacy/