AVID Carbon Unit Gift Terms & Conditions

ACU Gift Eligibility Requirements:

• Must be 18+ years of age when registering onto the AVID platform to accept the gift ACU
  Must be a resident of one of the following regions:

• United States
• Europe
• United Kingdom

Terms and Conditions

• recipients responsible for all taxes and valuation and financial situation;
• no returns or refunds associated with the gifting of credits;
• no right of publication, comment or announcement;
• no donating, gifting or contributing credits to others;
• no speaking with regulators without first notifying firm;
• no IP interest in the credits or process of distribution
• acknowledgement of all risks associated with receiving credits, including tax, and commodities liability
• all ACUs returned to the Promoter if holder no longer wants them;
• The promoter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this promotion with or without notice due to reasons outside of its control.  The decision of the Promoter in all matters in relation to this promotion is final and binding.  The amended Terms & Conditions will be published on our website. The Promoter will be governed by the law of the United States.
• The Promoter is not responsible if the promotion cannot take place or if the free ACU cannot be given due to cancellations, delays or interruptions due to the act or war (declared or undeclared), natural disasters, weather, acts of terrorism, riot or civil disturbance, satellite or equipment failure, federal state or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Promoter’s control (each a “Force Majeure” event or occurrence).

By obtaining an AVID Carbon Unit from us, you agree that if a dispute of any kind arises out of your use of the ACU, either you or we or third parties involved can choose to have that dispute resolved by binding arbitration as set forth in the Arbitration Provision below. If arbitration is chosen, it will be conducted pursuant to the Code of Procedure of the Arbitration Organization selected to resolve the dispute. If you have any questions concerning the Arbitration Organization, or wish to obtain a copy of their rules and forms, you may contact them at the addresses indicated below.

IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, DISPUTE OR CONTROVERSY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE ARBITRATION RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THE ENTIRE ARBITRATION PROVISION CAREFULLY. 

Arbitration Provision Any claim, dispute or controversy (whether in contract, regulatory, tort, or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to your AVID Carbon Unit or the AVID Carbon Unit’s Terms and Conditions, or advertisements, promotions, or oral or written statements related to the AVID Carbon Unit, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement or this Arbitration Provision) or the validity, enforceability or scope of this Arbitration Provision or the entire Agreement (collectively “Claim”), shall be resolved, upon the election of you or us or said third parties, by binding arbitration pursuant to this Arbitration Provision and the Code of Procedure of the Arbitration Organization in effect at the time the Claim is filed.

Any of the following Arbitration Organizations may be selected for purposes of resolving the Claim: • JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website: www.jamsadr.com;] • AAA at 335 Madison Avenue, New York, NY 10017; website: www.adr.org; A party who has asserted a claim in a lawsuit in court may elect arbitration with respect to any claim(s) subsequently asserted in that lawsuit by any other party or parties. The Code of Procedure, rules and forms of the Arbitration Organization may be obtained by calling the Arbitration Organization and all Claims shall be filed at any Arbitration Organization office. (Provided, however, that if for any reason the Arbitration Organization is unable or unwilling or ceases to serve as arbitration administrator; we will substitute an equivalent national arbitration organization utilizing a similar code of procedure.) There shall be no authority for any claims to be arbitrated on a class action basis.

Further, arbitration can only decide our or your Claim and may not consolidate or join the claims of other persons who may have similar claims. Any participatory arbitration hearing that you attend will take place in the federal judicial district of your residence. At your request, we will advance the first [$100] of the filing and hearing fees for any Claim which you may file against us. The arbitrator will decide whether you or we will ultimately be responsible for paying any fees in connection with the arbitration. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. Sections 1-16. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. This Arbitration Provision shall survive the expiration or cancellation of your Gift Card. If any portion of this Arbitration Provision is deemed invalid or unenforceable under the FAA, it should not invalidate the remaining portions of this Arbitration Provision. 

DATED: September 2023