Customer Agreement, Terms and Conditions

Offset Products
After the Customer has submitted an internet, mail-in or phone-based order, EARHsport Carbon Solutions. (collectively "EARTHsport") will prepare a receipt or invoice confirming the commercial terms of the Customer's order (the "Confirmation"). The Confirmation and these terms and conditions shall be collectively referred to as the "Agreement." During the Term (defined below) EARTHsport will obtain and retire Offsets (defined below) on Customer's behalf. The annual amount of Offsets obtained and retired on Customer's behalf shall be the annual amount agreed to by Customer on the internet, mail-in or phone-based order (the "Amount") as such Amount is confirmed by the Confirmation. For the purposes of this Agreement, "Offset Products" means carbon emission reduction offsets or credits measured in metric tonnes of carbon dioxide gas, or in the case of methane or other greenhouse gases, of carbon dioxide equivalent tonnes, resulting from specific and identifiable actions. During each year of the Term (defined below), EARTHsport will issue to Customer a certificate confirming the Amount of Offsets that have been obtained and retired on Customer's behalf. Such certificate shall be delivered to Customer and shall only be issued upon receipt of Customer's payment for the applicable Offsets.

Acknowledgement and Representations
If Customer disagrees with any of the terms and conditions of this Agreement or the Confirmation, Customer may contact EARTHsport within seven days of receipt of this Agreement to either terminate this Agreement or to correct any errors in the Confirmation. Customer represents that all information and data provided to EARTHsport is accurate, complete and current. Customer will notify EARTHsport of any change to such information or data. EARTHsport represents and warrants that all Offsets obtained and retired under this Agreement shall be independently verified or validated by reputable third parties. To the maximum extent permitted by law, EARTHsport makes no representations or warranties, express or implied, except those set out in this Agreement.

Offset Fees
Customer agrees to pay, on a singular, monthly, or yearly basis, as applicable, the amount that corresponds to Customer's selected Purchase (the "Offset Fees") as confirmed by the Confirmation, plus any applicable taxes, including provincial sales tax and goods and services tax. The total annual amount payable shall equal: (i) in respect of annual purchases, the Offset Fees plus any applicable taxes and (ii) in respect of monthly purchases, the Offset Fees multiplied by twelve plus any applicable taxes (iii) in respect of singular purchases the Offset Fees plus any applicable taxes. During the first year of the Term the Offset Fees will not increase. Thereafter, EARTHsport may amend the Offset Fees on 30 days written notice. Upon receipt of an amendment to the Offset Fees the Customer may contact EARTHsport to terminate this Agreement, failing which the Agreement will continue at the amended Offset Fees.

Billing and Payment to the Offset Purchase
The Customer agrees to pay all applicable fees, charges and taxes relating to the Offset plan set out in the Confirmation and any subsequent invoice. If Customer subscribes to a monthly or yearly Offset purchase, Customer's monthly or yearly bill, as applicable, is payable upon the date of the invoice. The Customer's monthly or yearly charges, as applicable, will include the Customer's monthly or yearly charge applicable to Customer's Offset purchase and all applicable taxes. If the Customer has requested pre-authorized payment (as confirmed on the Confirmation), the Customer expressly authorizes EARTHsport to charge the Customer's credit card or other pre-authorized payment vehicle the amount of any charges due under this Agreement. This will constitute EARTHsport's sufficient authority for doing so. The Customer represents and warrants that the credit card for which the Customer has provided information to EARTHsport is in the Customer's name, is valid and has not expired. The Customer promises to promptly advise EARTHsport if the Customer's credit card information changes due to its loss, theft, cancellation or expiry or other reason.

Term or Start Date and Termination
With respect to monthly and annual Offset purchases, the term of this Agreement (the "Term") commences on the date EARTHsport receives the Customer's internet, mail-in or phone-based order, as such date is confirmed by the Confirmation, and continues indefinitely until terminated in accordance with the provisions of this Agreement. The Customer may terminate this Agreement at any time upon 30 days notice to EARTHsport at the contact addresses set out below. EARTHsport may immediately terminate this Agreement if: (i) Customer fails to pay for Offsets obtained and retired or any other amounts payable to EARTHsport, or (ii) a material change occurs that adversely effects EARTHsports's ability to obtain and retire the Offsets on the Customer's behalf on a commercially reasonable basis. The Customer agrees that in the event of termination the Customer shall pay EARTHsport for any Offsets obtained and retired on the Customer's behalf prior to the termination date. With respect to singular Offset purchases, the term of this Agreement (the "Term") commences on the date EARTHsport receives the Customer's internet, mail-in, or phone-based order, as such date is confirmed by the Confirmation, and is complete on that date as terminated in accordance with the provisions of this Agreement, with respect to the provisions as outlined in Acknowledgments and Representations. In either case termination on part of the customer that results in refund EARTHsport will retain all costs and applicable fees as charged in processing.

Privacy
The Customer acknowledges that EARTHsport collects, records, uses and discloses the Customer's information for purposes related to its business and to obtain and retire Offsets on the Customer's behalf and that EARTHsport may enter into arrangements related thereto that require disclosure of the Customer's information. The Customer hereby consents to EARTHsport disclosing the Customer's information to EARTHsports's creditors, service providers, agents, affiliates and other third parties in order for EARTHsport to obtain and retire the Customer Offsets hereunder, or in connection with EARTHsport's business and the Customer hereby consents to such parties' collection, holding, use and disclosure of such information. The Customer understands that the Customer can provide written notice to EARTHsport at any time to stop using the Customer's personal information.

Assignment
EARTHsport, in its sole discretion, may assign, pledge, or transfer this Agreement, or the proceeds therefrom without the Customer's consent. The Customer may not assign this Agreement without EARTHsport's consent. This Agreement shall be binding upon and ensure to the benefit of EARTHsport's and the Customer's respective successors and assigns.

Liability
To the maximum extent permitted by law, neither EARTHsport, nor any of its representatives shall be liable to the Customer for any loss, claim, action, cause of action, proceeding, damage of any nature (including special, punitive, incidental, or consequential damages, such as loss of sales, revenue, profits or goodwill; cost of capital; cost of substitute products, facilities, or services; or any associated legal fees) or expense (collectively, "Claims'), which may directly or indirectly be suffered or occasioned by the Customer or any of its representatives, arising out of or relating to this Agreement or any Claims against the Customer by a third party arising out of, or connected with this Agreement. The terms and provisions of this section constitute a material inducement for the parties entering into this Agreement.

No Hassle Refund
The Customer may contact EARTHsport within seven days of placing an internet, mail-in or phone-based order to cancel Customer's order. In such event, EARTHsport shall provide customer with a full refund of any amounts charged in connection with such order minus all costs and applicable fees as charged in processing.

Miscellaneous
This Agreement is the entire agreement between the Customer and EARTHsport. The Customer did not rely on any representations that are not in this Agreement. This Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada therein.

Compliance Issues and Suggestions

Customers may direct issues and inquiries regarding EARTHsports Privacy Policies to EARTHsport management. EARHsport will review all communications and as necessary implement measures to resolve issues.

We reserve the right to update and alter the Customer Agreement, Terms and Conditions without direct notice to the Customer. Please contact EARTHsport regarding Customer Agreement, Terms and Conditions as follows – e-mail: