Terms of Use

Acceptance of Terms

By accessing, browsing, registering for, or using FACT, each User acknowledges that the User has read, understood, and agrees to be bound by these Terms of Use and the FACT Privacy Policy. If a User does not agree to these Terms or the Privacy Policy, the User must not access or use FACT.

By accessing or using FACT, each User represents and warrants that the User is of legal age to form a binding contract and has the legal capacity to accept these Terms. If a User is accessing or using FACT on behalf of an organization, the User represents and warrants that the User has the authority to bind that organization to these Terms. These Terms govern each User’s use of FACT and are separate from the terms or conditions of any other agreements the User or the User’s organization may have entered into with the Endowment.

About FACT

FACT is a forest carbon data delivery system for the contiguous United States, providing carbon information across U.S. forest lands, harvested wood products, and end-use life-cycle assessments. FACT was developed with the assistance of the United States Forest Service and is designed to streamline and harmonize forest carbon data for Users who grow, produce, purchase, and use products made from American forests. FACT is provided at no cost to Users and is free and open to the public.

BETA PLATFORM NOTICE

FACT is an evolving platform that may contain errors, omissions, incomplete functionality, or data limitations. Features, datasets, methodologies, and outputs may be modified, updated, suspended, or removed without notice. Users acknowledge that service interruptions, technical issues, delayed updates, or temporary unavailability may occur and agree that such conditions are inherent to a beta-stage platform.

Changes to FACT

FACT’s underlying datasets, analytical methods, and platform functionality may be updated periodically. The Endowment may update the content on FACT from time to time, but its contents are not necessarily complete or up to date. Any data, outputs, or content available through FACT may be out of date at any given time, and the Endowment is under no obligation to update such content. Users are responsible for citing the appropriate version and date of access and for understanding how updates may affect comparability over time.

Changes to These Terms

The Endowment may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of FACT thereafter. Continued use of FACT following the posting of revised Terms constitutes acceptance of such changes. Users are expected to check the Terms page periodically to be aware of any changes, as they are binding. The effective date of the current Terms will be posted on the FACT website.

Intended Use of FACT

FACT is not a decision-making, prescriptive, or carbon market evaluation tool. While it includes analytical functions that allow Users to explore forest carbon trends and broad, hypothetical management scenarios using aggregated Forest Inventory and Analysis Program data, these outputs are intended to illustrate system-level patterns and do not substitute for site-specific analysis, professional judgment, field data, or methodologies required for specific regulatory, compliance, or market applications. FACT outputs are not intended for use as the sole basis for carbon credit issuance, verification, validation, offset registration, or other market-based environmental claims.

Non-Endorsement

Use of the FACT Platform does not imply review, approval, endorsement, certification, or validation of any analysis, interpretation, decision, or application by the Endowment, the U.S. Department of Agriculture, the U.S. Forest Service, or any contributing organization.

Users may not state or imply endorsement, sponsorship, association, certification, approval, or authorization by the Endowment, USDA, the U.S. Forest Service, or any contributing organization unless expressly authorized in writing.

User Responsibility

FACT outputs may inform planning, analytical, or regulatory processes, where appropriate, but they do not establish regulatory compliance and are not intended to serve as definitive or standalone determinations. Each User assumes sole liability for how FACT outputs are interpreted or applied and is expected to apply FACT outputs consistent with FACT’s scope and limitations. Users are solely responsible for:

1. Understanding the rigor and documentation required for their intended use;
2. Determining whether FACT outputs are appropriate on their own or in combination with other data or analyses;
3. Applying suitable tools and supporting information to meet applicable requirements;
4. Avoiding any representation of outputs as site-specific, field-verified, or ownership-level estimates unless accurate, detailed stand-level inventory data are uploaded as part of the analysis within the Custom Forest Inventory Tool”;
5. Clearly communicating uncertainty, assumptions, and scale when presenting results; and
6. Refraining from any misleading or deceptive use of the information.

Third-Party Data and Materials

FACT may incorporate or display data, content, methodologies, or materials provided by or derived from third-party sources, including the U.S. Forest Service, academic institutions, research organizations, and other contributors. The Endowment is not responsible or liable for the content, accuracy, completeness, or reliability of any data or materials provided by third parties. Any reliance a User places on such third-party data or materials is strictly at the User’s own risk.

Reliance on Information

The information presented on or through FACT is made available solely for general informational and analytical purposes. The Endowment does not warrant the accuracy, completeness, or usefulness of this information. Any reliance a User places on FACT data, outputs, or content is strictly at the User’s own risk. The Endowment disclaims all liability and responsibility arising from any reliance placed on such information by any User or by anyone who may be informed of any of its contents.

Data Limitations

Information provided through FACT consists of statistical estimates derived from publicly available data and documented methods. Outputs are not intended to be used as stand-alone estimates without consideration of scale, uncertainty, assumptions, and the level of rigor required for a given application. Users are responsible for determining whether FACT outputs are appropriate for their intended reporting, compliance, or analytical needs and for applying suitable tools and methods accordingly.

Government Disclaimer

FACT is not a product of the U.S. Government. The data, analyses, outputs, and conclusions available through FACT do not represent any official determination, policy, or position of the U.S. Department of Agriculture, the U.S. Forest Service, or any agency of the U.S. Government.

No Professional Advice

Nothing on FACT constitutes, or is intended to constitute, professional advice of any kind, including without limitation scientific, forestry, environmental, legal, financial, tax, or other specialized advice. FACT data, outputs, and analyses are provided for general informational and analytical purposes only and should not be relied upon as a substitute for consultation with qualified professionals. Users should consult with appropriate professionals for specific advice tailored to their situations before taking any action based on information obtained through FACT.

Suggested Citation Format:

United States Endowment for Forestry and Communities and USDA Forest Service Research and Development. [Year]. Forestry Analytics for Carbon Tracking (FACT). [URL]. Accessed [Month Day, Year].

For example:

United States Endowment for Forestry and Communities and USDA Forest Service Research and Development. 2026. Forestry Analytics for Carbon Tracking (FACT). [https://forestryanalytics.org]. Accessed October 2, 2026.

or

Carbon estimates were generated using the Forestry Analytics for Carbon Tracking (FACT) Platform, a publicly available forest carbon analytics system developed between the U.S. Forest Service, the Endowment for Forestry and Communities, and contributing organizations. Results vary in associated uncertainty. (The Endowment and USDA Forest Service, Research and Development, 2026).

The foregoing are examples only. Users should adapt the attribution language to fit the context, format, and citation style of their particular work while ensuring that FACT is clearly identified as a data source and that the date of access and any applicable version information are included.

Ownership and Restrictions

The FACT Platform, including its software, source code, object code, documentation, databases, trademarks, service marks, trade names, logos, analytical tools, algorithms, methodologies, text, graphics, design elements, user interfaces, and all other content and materials (collectively, “FACT Materials”), is owned by or licensed to the Endowment and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No right, title, or interest in any FACT Materials is transferred to any User by reason of access to or use of FACT, and the Endowment reserves all rights not expressly granted in these Terms. Users may not copy, reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, transmit, sell, or exploit any FACT Materials, except as expressly permitted by these Terms or with the prior written consent of the Endowment. Any use of FACT Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If a User copies, downloads, or otherwise uses FACT Materials in breach of these Terms, the User’s right to use FACT will cease immediately and the User must, at the Endowment’s option, return or destroy any copies of the FACT Materials the User has made.

Trademarks

The Endowment name, FACT name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Endowment or its licensors. Users may not use such marks without the prior written permission of the Endowment. All other names, logos, product and service names, designs, and slogans displayed on FACT, including those of the U.S. Forest Service, the U.S. Department of Agriculture, and any contributing organizations, are the trademarks of their respective owners.

Prohibited Uses

Users may use FACT only for lawful purposes and in accordance with these Terms. Users agree not to:

1. Use FACT in any way that violates any applicable federal, state, local, or international law or regulation, including without limitation any laws regarding the export of data or software to and from the United States or other countries;
2. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of FACT or any part thereof;
3. Use any robot, spider, or other automatic device, process, or means to crawl, scrape, data mine, extract data from, or otherwise access FACT for any purpose not expressly permitted by these Terms, including monitoring or copying any of the content on FACT;
4. Use any FACT Materials, data, outputs, or content to develop, train, fine-tune, or improve any machine learning model, artificial intelligence system, algorithm, or other automated technology, or for the development or improvement of any software, service, or product, without the prior written consent of the Endowment;
5. Use FACT in any manner that could disable, overburden, damage, or impair FACT or interfere with any other party’s use of FACT;
6. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of FACT, the server on which FACT is hosted, or any server, computer, or database connected to FACT;
8. Attack FACT via a denial-of-service attack or a distributed denial-of-service attack;
9. Impersonate or attempt to impersonate the Endowment, the U.S. Forest Service, the U.S. Department of Agriculture, any contributing organization, or any other person or entity; or
10. Attempt to bypass or circumvent any measures the Endowment may use to prevent or restrict access to FACT or any portion thereof.

Monitoring

The Endowment may monitor platform usage to detect unauthorized activities or potential security threats. By using FACT, each User consents to such monitoring.

The Endowment reserves the right to investigate suspected misuse, unauthorized access, security breaches, or violations of these Terms. Information related to suspected unlawful activity may be disclosed to appropriate authorities when required by law or when necessary to protect FACT, its Users, or the Endowment and its service providers.

User Submissions

Any submission of information to FACT must be accurate and lawful. Users are responsible for the content they submit.

Enforcement and Termination

The Endowment reserves the right, at its sole discretion, to suspend, restrict, or terminate access to FACT for violations of these Terms, misuse of FACT, security concerns, interference with FACT operations, or unlawful activity.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACT AND ALL DATA, CONTENT, INFORMATION, ANALYSES, TOOLS, SOFTWARE, DOCUMENTATION, SERVICES, FUNCTIONALITY, AND OUTPUTS MADE AVAILABLE THROUGH FACT ARE PROVIDED "AS IS,” "AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE ENDOWMENT DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, QUIET ENJOYMENT, AND AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE ENDOWMENT DOES NOT WARRANT OR REPRESENT THAT FACT OR ANY CONTENT OR OUTPUTS WILL BE UNINTERRUPTED, SECURE, TIMELY, CURRENT, COMPLETE, ACCURATE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR SUITABLE FOR ANY PARTICULAR PURPOSE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

THE ENDOWMENT DOES NOT WARRANT THAT FACT OR ANY DATA, CONTENT, ANALYSIS, TOOL, OR OUTPUT WILL MEET A USER’S REQUIREMENTS OR EXPECTATIONS, ACHIEVE ANY PARTICULAR RESULT, BE COMPATIBLE WITH ANY SYSTEM, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. ANY ACCESS TO OR USE OF FACT IS AT EACH USER’S SOLE RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENDOWMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND CONTRIBUTORS (COLLECTIVELY, THE “PROTECTED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO FACT, THESE TERMS, OR ANY DATA, CONTENT, ANALYSIS, TOOL, OR OUTPUT, INCLUDING THE USE OF, INABILITY TO USE, OR RELIANCE UPON FACT OR ITS OUTPUTS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE ENDOWMENT AND THE PROTECTED PARTIES EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification

Each User shall indemnify, defend, and hold harmless the Protected Parties from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (i) the User’s access to or use or misuse of FACT; (ii) the User’s violation of these Terms or applicable law; (iii) any unlawful use, disclosure, distribution, or other use of FACT data or outputs; (iv) any claim arising from the User’s reliance on FACT data, content, analyses, or outputs; (v) any actual or alleged infringement, misappropriation, or violation of a third party’s intellectual property, privacy, publicity, or other rights; or (vi) any misrepresentation by the User regarding FACT data or outputs. The Endowment has no obligation to indemnify, defend, or hold harmless any User or any other person or entity under these Terms.

Assumption of Risk

USERS ACCESS AND USE FACT ENTIRELY AT THEIR OWN RISK. THE ENDOWMENT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN FACT DATA, OUTPUTS, OR ANALYSES, OR FOR ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE THEREON.

No Duty to Update

The Endowment is under no obligation to update, correct, supplement, or maintain the accuracy or completeness of any data, content, or outputs available through FACT.

Release of Claims

By using FACT, each User releases the Endowment and the Protected Parties from any and all claims, demands, damages, losses, costs, and expenses of any kind arising from or related to the User’s access to or use of FACT.

BY USING FACT, EACH USER UNDERSTANDS THAT THE USER MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, EACH USER ACKNOWLEDGES THAT THE USER HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, TERRITORY, OR JURISDICTION, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Time Limitation on Claims

ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR A USER’S USE OF FACT MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF ACTION ARISES. CLAIMS FILED AFTER THIS PERIOD SHALL BE DEEMED PERMANENTLY BARRED.

Waiver of Jury Trial

EACH USER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF FACT.

Waiver

The failure of the Endowment to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Endowment in writing. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Endowment’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

Users may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Endowment. Any attempted assignment in violation of this provision shall be null and void. The Endowment may assign or transfer its rights and obligations under these Terms without notice or consent, including without limitation in connection with a merger, acquisition, reorganization, or sale of assets.

Notices

All notices, requests, and other communications under these Terms must be in writing. Notices to the Endowment must be sent to:

U.S. Endowment for Forestry and Communities, Inc.
10 S Academy St
Greenville, SC 29601
Attention: FACT
Email: general@usendowment.org

Notices to Users may be sent to any email address provided by the User or by posting on FACT. Notices will be deemed received upon personal delivery, one business day after sending by overnight courier, three business days after mailing, or immediately upon posting to FACT or sending by email.

Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between any User and the Endowment. Users have no authority to bind the Endowment in any manner.

Third-Party Beneficiaries

Except as expressly provided herein, nothing in these Terms shall be construed to give any person other than the parties any legal or equitable right, remedy, or claim under or with respect to these Terms. These Terms are for the sole and exclusive benefit of the parties; provided, however, that the Protected Parties are intended third-party beneficiaries of these Terms and may rely on the User’s indemnification obligations, representations, warranties, and covenants in connection with a defense of any claim or proceeding against them.

Headings and Interpretation

Section and subsection headings in these Terms are for reference and convenience only and shall not affect the meaning, interpretation, or enforceability of any provision. These Terms are written in English. If these Terms are translated into another language and there is a conflict between the English version and the translation, the English version shall prevail.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

Entire Agreement

These Terms, together with the FACT Privacy Policy, Cookie Policy, and Security Policy, constitute the entire agreement between the User and the Endowment with respect to the use of FACT and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.