Last Updated: 11/14/18
Please note that your decision to use the Services and your choice to provide us with your personal information is voluntary. We indicate the types of personal information we request in our online, mobile and other registration forms and in other places where we request such information. You may elect not to submit certain personal information requested by us, but that election may limit or prevent our ability to provide certain Services and products to you.
What Personal Information Do We Collect?
Transition Green Burials collects the personal information you enter on our Websites or give us in any other way, such as via telephone, email, online or otherwise. For example, this information may be collected when you contact Customer Service for support purposes. We collect this personal information in order to offer Services you have requested or which we believe are of interest to our customers, to manage relationships we have with our customers and partners, to perform activities on your behalf, and for the security of Transition Green Burials LLC, our Websites, Services and customers. The following describes the types of personal information we collect:
- Contact Information : We collect and retain personally identifiable information that you submit to us voluntarily and this includes, but is not limited to, your name, postal address (including billing and shipping address), telephone number and email address. For example, this contact information may be used to communicate with you with respect to transactions relating to the Services we provide. Additionally, we may collect contact information provided to us during any correspondence or telephonic contact relating to Customer Support, as well as in connection with the Services we offer and the Websites we operate.
- Demographic Information: We may collect and store demographic information (such as your zip code, income, gender and age) and use this data to tailor your experience on our Websites, provide content that we think you might be interested in, perform general improvements to the Websites, and display the content according to your preferences. We may also anonymize this demographic data. Such demographic information may be shared with affiliates, partners, market researchers and other unaffiliated third parties on an aggregate, non-personally identifiable basis. No personally identifiable information will be linked to such aggregated demographic information that is shared with affiliates and unaffiliated third parties, other than those third parties with whom we partner or with whom we have solicitation, licensing or similar arrangements.
- Other Information: We collect and store certain types of information whenever you interact with us. For example, our servers track the type of web browser you are using and the page from which you link. Additionally, we log IP addresses (a unique number assigned to every computer on the Internet) in order to improve security, analyze trends and administer the Websites. We may track your movement within the Websites, the third-party website pages from which you were referred, access times and browser types. We use this information to gauge the effectiveness of our Services, track information for statistical purposes and to improve our Services. We may use such information for marketing purposes, and to provide you with information we believe might be of interest to you. In addition, such information may be shared with affiliates, partners, market researchers and other unaffiliated third parties on an aggregate, non-personally identifiable basis. No personally identifiable information will be linked to such aggregated information that is shared with third parties, other than those third parties with whom we partner or with whom we have solicitation, licensing or similar arrangements. We may supplement the information you provide us by acquiring publicly or commercially available information as is available in the public domain or from third parties, such as our affiliates, data brokers, business partners, payment and delivery services, and advertising networks, for instance, to verify your address, add a telephone number, or to update your information and to create a profile of your preferences. We tie your personally identifiable information to information in the profile, in order to improve the content of the Websites for you or to inform you about Services or other products that we think may be of interest to you. From time to time, we may also ask you to participate in surveys or other communications conducted by us or third parties designed to help us improve the Websites or the Services we provide.
- Cookies: The Websites may use “cookie” technology for such purposes as enhancing your online experience by making it easier for you to navigate through the Websites and making certain features work better. Cookies are text files which are commonly deposited by websites on a user’s hard drive when the user visits a website. The file identifies a user’s computer and can record the user’s preferences and other data about the user’s website visit. Your web browser may enable you to disable cookies, but please note that certain Services may not function correctly without it and your experience on our Websites may be reduced.
- Third-Party Advertising Companies: We may use third-party advertising companies to serve ads on our behalf across the Internet. These companies may collect and use information about your visits to this Website and other websites and your interaction with our Services in order to provide advertisements about Services that may be of interest to you. However, we do not provide personally identifiable information (such as your name, address, email address or telephone number) in connection with third-party advertisements that will be connected with such information. Such third-party advertising companies may use information about your visits to this Website and other websites to target advertisements for our Services and they may keep track of user response to each advertisement. These targeted advertisements may appear on our Websites or on other websites that you visit. The anonymous information is collected through the use of a pixel tag or cookies, which are industry standard technologies used by most major websites. To learn more about the use of this information or to choose to not have this information used by certain third-party advertising partners, please visit the Network Advertising Initiative at http://optout.networkadvertising.org/#!/ or go to https://www.adobe.com/privacy.html . Please note that if you delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.
- Web Beacons: The Websites may contain electronic images (called a “single-pixel GIF” or a “web beacon”) that allow a website to track the effectiveness of marketing campaigns. No personally identifiable information will be transmitted via web beacons.
- Telephone Recording and Monitoring: To ensure that Transition Green Burials customers receive quality service, and for other operational and lawful purposes, we may record and/or monitor customers’ (and potential customers’) calls with our employees or agents. These calls between our customers (or potential customers) and our employees or agents may be evaluated by supervisors and/or other Transition Green Burials representatives. This is to ensure that prompt, consistent assistance and accurate information is delivered in a professional manner and for ongoing compliance purposes. We may also retain and use such recordings where necessary to protect our business, customers, or Services, or where required by applicable law. In contacting Transition Green Burials, creating an account with us, or by otherwise utilizing any Service, you hereby consent to any such call recording and/or monitoring. You should also note that when our Customer Service representative calls a customer (for instance, following a request for a return call), these outbound calls may also be recorded and monitored.
How We Use and Share Personal Information
We receive and store any personal information you enter on our Websites or give to us voluntarily in any other way, as well as information that we independently associate with you through publicly or commercially available sources that are available in the public domain or from our affiliates and non-affiliated third parties. We may use your personal information to contact you from time to time. We may also send you information or offers from time to time to the postal address or email address we have on file as further described herein.
- Your Email Address: From time to time, Transition Green Burials may use your personal information to contact you by email concerning our Services. We may also send you promotional materials regarding offerings from affiliates and non-affiliated third parties whose services and products we think may be of interest to you. These email communications are often intended to inform you of important information regarding your account, or about general services provided by Transition Green Burials. If you do not want to receive email from us regarding our Services, please click the “unsubscribe” link which is included at the bottom of any email you receive from us. However, in order to fulfill our service obligations to you, we will continue to send you emails regarding your account administration, as well as any necessary information, such as instructions. By providing us with your email address you consent to receiving communications from us electronically and all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Your Telephone Number: By registering on a Website or providing your telephone number to us through other methods (for instance, during an inquiry you make to our Customer Service telephone line), you agree that this action constitutes a purchase, inquiry and/or application for purposes of telemarketing laws. Regardless of the fact that your telephone and/or mobile number may be listed with the Federal Do-Not-Call Registry or your State Do-Not-Call list, you are providing your express written consent to receive future information (including telemarketing) about products and services from us, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means we may contact you by e-mail, phone and/or mobile number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your wireless or other telecommunications device may be capable of receiving (i.e., video, etc.). You further acknowledge that you are not required to agree directly or indirectly or enter into an agreement regarding our telemarketing efforts as a condition of purchasing any Services from us.
- Promotions: If you provide your name for a promotional offer, or to enter a sweepstakes or contest, and you win a prize, we may post a winner’s list online and/or offer such a list to those who request it by mail. Your name and city may be listed and we will file your name with governmental agencies if required by law.
- Testimonials and Questions from Customers: From time to time we may include customers’ questions (or a summary) and our answers to those questions that we think may have interest or applicability to others. We will not disclose the customer’s full name but may use an abbreviated form, such as “Julie K.” In addition, we may post customer testimonials on the Websites, in newsletters, or in other formats. Again, we will not disclose the customer’s full name but may use an abbreviated form as described above.
- Third Parties : We may provide you with promotional materials regarding offerings from affiliates and non-affiliated third parties whose services and products we think may be of interest to you. If you choose to do business with these affiliates or unaffiliated third parties as a result of such promotions, we may share your personal information with them. These entities may send you promotional or administrative communications, by emails or otherwise. If you do not wish to receive those communications, you should contact these entities directly. If you do not want us to use the information you provide in order to inform you of products and services we think might interest you, or do not want us to provide your information to third-party companies, it is your obligation to let us know by contacting us (details below).
- Agents and Service Providers : We engage other companies, individuals and affiliates of Transition Green Burials to perform certain functions and/or services for our customers. Examples may include processing credit card payments, providing marketing assistance and removing repetitive information from customer lists. Your contact and financial information may either be collected by or shared with such third parties as necessary to fulfill these functions and services, and in some cases, your information may be retained or used by such third parties to fulfill these functions and services. We contract with service providers to provide us with data collection and reporting services. When you visit our Websites, those service providers may collect information on our behalf about you in order to provide us with aggregated data about our customers and to assist us in conducting our business and delivering relevant services to our customers. If you would like to opt-out of the gathering of such information, you can disable your cookies that assist in the gathering of that data, but please note that certain services and functions of our Websites may not function correctly without cookies.
- Service-Related Uses : We may use your personal information to contact you about the Services you have purchased, used or otherwise accessed, or for other purposes in which you have expressed an interest. For example, we will also provide you with announcements or updates relating to the Services and your account, such as if the delivery of a Service is delayed. In such an instance, we may send you an email or other message regarding such delay. Generally, you may not opt out of these communications, which are not promotional in nature.
- Protection of Transition Green Burials and Others : We may release account and other personal information when we are required to do so by law, court order, subpoena or other government or law enforcement authority or regulatory agency, in order to enforce or apply our Agreement or other agreements, or when we believe in good faith that disclosing this information is necessary or advisable, including for example, to protect the rights, property, or safety of Transition Green Burials, our customers and users, or others. This includes exchanging information with other individuals, companies and organizations for fraud protection, credit risk reduction or other similar purposes.
- Terms and Conditions/Point of Collection: We may also disclose information about you as otherwise permitted under our Agreement or as specifically disclosed when we collect information from you.
Change in Business Ownership or Structure
If the ownership of all or substantially all of Transition Green Burials’s business changes, or we undertake a corporate reorganization (including, but not limited to, a merger or consolidation), or a potential sale of some or all of our business or assets, or there is an event of insolvency, bankruptcy, receivership or pledging of assets, or there is any other action or transfer between or among Transition Green Burials and its affiliates, you expressly consent to Transition Green Burials transferring your information, including your personal information, to the prospective or actual new owner or successor entity. Also, information about our subscribers and users, including personal information, may also need to be disclosed in connection with a commercial transaction seeking financing, investment, support or funding.
Third-Party Services and Websites
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Google, Microsoft, or any other app developer; app, social media platform, operating system or wireless service provider; or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with any of our software applications made available by us for use on or through computers and mobile devices.
Limitation of Liability
Choices and Opting Out
You may opt out of marketing communications from us by contacting Customer Support or opting out from the opt-out link in any marketing email we send to you. We give you choices regarding our use and disclosure of your personal information for marketing purposes.
You may opt out from:
Receiving text alerts from us that you previously opted in to receive. You can unsubscribe from delivery of our text alerts by following the instructions in any such text messages.
Our sharing of your personal information with affiliates or unaffiliated third parties for their marketing purposes. If you prefer that we not share your personal information on a going-forward basis with our affiliates or unaffiliated third parties for their marketing purposes, you may opt out of this sharing by contacting us (details below).
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.
Accessing and Updating Personal Information
Transition Green Burials gives you the ability to access the personal information you have provided to us for the limited purpose of viewing and, in certain cases, updating that information. To ensure that the personal information we maintain about you is accurate and up to date, please inform us immediately of any changes by contacting us (details below), or by logging in to your account to make any change in your personal information. We may retain your information in our files after you terminate all your Services and/or account with us in order to resolve disputes, enforce our Agreement, to adhere to the technical and legal requirements and constraints related to the security, integrity and operation of the Services and our Websites, and to comply with applicable legal requirements such as court orders, subpoenas and other service of process. Transition Green Burials will maintain your personal information for as long as it deems necessary in its sole discretion, or as required by applicable laws, regulations, or government orders. Current and former customers may request this information by contacting us (details below). We will try to comply with your request as soon as reasonably practicable. Please note, however, that no financial information will be provided over the phone, and in no event will such information be provided without verification.
Data Security and Integrity
Transition Green Burials has reasonable security policies and procedures in place to protect personal information within our organization from unauthorized loss, misuse, alteration or destruction. Unfortunately, security cannot be absolutely guaranteed against all threats. Please be advised that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures. You can further help to ensure your security by taking a few simple precautions. Do not include any personal information in any username or password or in any chat group or message board that you access through the Services. In addition, in order to protect against unauthorized access to your computer and to any Transition Green Burials username and password, you should sign off when you are finished using a shared computer, and not share your Transition Green Burials username and password. If you have reason to believe that your interaction with us is no longer secure, you are required to notify us in accordance with the “Contacting Us” section below.
Use of Services by Minors
The Services and the Websites are not directed to individuals under the age of thirteen (13). Transition Green Burials does not knowingly collect personal information from such individuals and we request that they not provide personal information through the Services or the Websites. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us (details below).
Your California Privacy Rights
Subject to the terms herein regarding a change in business ownership or structure, we do not share personal information (as defined by California Civil Code Section 1798.83) collected by us for the Services we provide you with third parties for their direct marketing purposes without giving you the opportunity to opt in or opt out as more fully described above in the “Choices and Opting Out” section. If you are a California resident, you may request information about our compliance with California law by contacting us (details below) or by sending a letter to Transition Green Burials, 1467 Siskiyou Blvd., Ste. 313, Ashland, OR 97520, Attention: Legal Counsel. Any such request must include “California Privacy Rights Request” in the subject line and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this designated email address or mailing address.
California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how Transition Green Burials responds to “Do Not Track” browser settings. Transition Green Burials does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
Terms and Conditions
TRANSITIONCOIN TOKENS HAVE NOT BEEN, AND WILL NOT BE, REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE IN THE UNITED STATES OR ANY OTHER JURISDICTION. WITHOUT PREJUDICE TO THEIR STATUS AS A UTILITY TOKEN OR NON-SECURITY, TRANSITIONCOINS MAY BE OFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION IF SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT.
TRANSITIONCOIN TOKEN SALE
TERMS AND CONDITIONS
Last Updated on: November 14, 2018
By accessing the Website and/or purchasing TransitionCoins, you agree to comply and be legally bound by these Terms. This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction.
IMPORTANT WARNING: IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE TRANSITIONCOINS FROM THE COMPANY. BY PURCHASING TRANSITIONCOINS FROM THE COMPANY, YOU WILL BE BOUND BY THESE TERMS AND ANY TERMS INCORPORATED BY REFERENCE. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY AT TransitionGB@gmail.com. DO NOT PURCHASE TRANSITIONCOINS IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PRIOR TO PURCHASING TRANSITIONCOINS, YOU SHOULD CAREFULLY CONSIDER THE TERMS LISTED BELOW AND, TO THE EXTENT NECESSARY, CONSULT WITH AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL. IF ANY OF THE FOLLOWING TERMS ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT PURCHASE TRANSITIONCOINS.
PURCHASES OF TRANSITIONCOINS SHOULD BE UNDERTAKEN ONLY BY INDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE WITH, AND UNDERSTANDING OF, THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDING ETHEREUM TOKENS, AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PURCHASERS SHOULD HAVE A FUNCTIONAL UNDERSTANDING OF STORAGE AND TRANSMISSION MECHANISMS ASSOCIATED WITH OTHER CRYPTOGRAPHIC TOKENS. WHILE THE COMPANY WILL BE AVAILABLE TO ASSIST PURCHASERS OF TRANSITIONCOINS DURING THE SALE, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF BITCOIN, ETHER OR TRANSITIONCOINS RESULTING FROM ACTIONS TAKEN BY, OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, THEN YOU SHOULD NOT PURCHASE TRANSITIONCOINS OR PARTICIPATE IN THE SALE OF TRANSITIONCOINS. YOUR PARTICIPATION IN THE TRANSITIONCOINS SALE IS DEEMED TO BE YOUR UNDERTAKING THAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.
BY PURCHASING TRANSITIONCOINS, AND TO THE EXTENT PERMITTED BY LAW, YOU ARE AGREEING NOT TO HOLD ANY OF THE COMPANY AND ITS RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (THE “TRANSITION GREEN BURIALS LLC TEAM”) LIABLE FOR ANY LOSSES OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR IN ANY WAY CONNECTED, TO THE SALE OF TRANSITIONCOINS, INCLUDING LOSSES ASSOCIATED WITH THE TERMS SET FORTH BELOW.
You agree to use the Website, submit information to the Company, and if you choose to pay money (cryptocurrency or otherwise) to the Company, to buy, and the Company agrees to sell, TransitionCoins in accordance with the following terms:
1.1 The Company collects the following information from Purchasers:
– Information Purchasers give to the Company. This is information about the Purchaser that the Purchaser gives to the Company by filling in forms on the Website or by corresponding with the Company by phone, e-mail or otherwise. The information the Purchaser gives to the Company may include, but is not limited to, Purchaser’s name, address, e-mail address and phone number, financial information, personal description and photograph.
– Information the Company collects about the Purchaser. With regard to each of Purchaser’s visits to the Website, the Company will automatically collect the following information:
○ technical information, including the Internet protocol (IP) address used to connect Purchaser’s computer to the Internet, Purchaser’s login information, browser type and version, time zone setting, browser plugin types and versions, operating system and platform;
○ information about Purchaser’s visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products the Purchaser viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
3 – Information the Company receives from other sources. The Company is working with third parties (including, for example, business partners, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) who may provide the Company information about the Purchaser.
1.3 The Company uses information held about the Purchaser in the following ways:
– Information Purchasers give to the Company. The Company will use this information:
○ to carry out Company’s obligations arising from any contracts entered into between the Company and the Purchaser and to provide the Purchaser with the information, products and services that the Purchaser requests from us;
○ to comply with applicable laws and legislation;
○ to notify the Purchaser about changes to Company’s service;
○ to ensure that content from the Website is presented in the most effective manner for the Purchaser.
– Information the Company collects about the Purchaser. The Company will use this information:
○ to administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
○ to comply with applicable laws and legislation;
○ to improve the Website to ensure that content is presented in the most effective manner for the Purchaser;
○ to allow the Purchaser to participate in interactive features of Company’s service, when the Purchaser chooses to do so;
○ as part of Company’s efforts to keep the Website safe and secure; ○ to measure or understand the effectiveness of advertising the Company serve to the Purchaser and others, and to deliver relevant advertising to the Purchaser;
○ to make suggestions and recommendations to the Purchaser and other users of the Website about goods or services that may interest the Purchaser or them.
– Information the Company receives from other sources. The Company will combine this information with information the Purchaser gives to the Company and information the Company collects about the Purchaser. The Company will use this information and the combined information for the purposes set out above (depending on the types of information the Company receives).
1.4 The Purchaser agrees that the Company has the right to share Purchaser’s personal information with:
– any member of the Transition Green Burials LLC Team;
– selected third parties including business partners, know-your-client (KYC) service providers, vendors, suppliers, and subcontractors for the performance of any contract the Company enters into with them or the Purchaser.
The Company will disclose the Purchaser’s personal information to other third parties:
– in the event that the Company sells or buys any business or assets, in which case the Company will disclose Purchaser’s personal data to the prospective seller or buyer of such business or assets;
– if the Company, or substantially all of its assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
– if the Company is under a duty to disclose or share Purchaser’s personal data in order to comply with any legal obligation, or in order to enforce or apply the Terms and other agreements; or to protect the rights, property, or safety of the Company or Transition Green Burials Team, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
– the transmission of information via the Internet is not completely secure. Although the Company will do its best to protect Purchaser’s personal data, the Company cannot guarantee the security of Purchaser’s data transmitted to the Website; any transmission is at Purchaser’s own risk. Once the Company has received Purchaser’s information, the Company will use procedures and security features to try to prevent unauthorized access.
1.5 The Purchaser has the right to ask the Company not to process Purchaser’s personal data for marketing purposes. The Purchaser can also exercise this right at any time by contacting the Company at TransitionGB@gmail.com.
The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If the Purchaser follows a link to any of these websites, the Purchaser needs to note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before the Purchaser submits any personal data to these websites.
1.6 Any changes the Company makes to the privacy provisions in the future will be posted on the Website. The Purchaser should periodically check the Website for updates or changes to the privacy provisions.
2. Certain Covenants Related to TransitionCoin Token Sale
You are not an “affiliate” (as defined in Rule 144 under the Securities Act) of the Company or acting on behalf of an affiliate of the Company and you are aware that TransitionCoins, if, as and when issued, are not securities and are not registered under any Securities Act.
When you purchase, or otherwise receive, TransitionCoins, you covenant as follows:
– you will not access the Website from territories where the Website is illegal;
– you will supply us with all information, documentation or copy documentation that we require in order to allow us to accept your purchase of TransitionCoins and allocate TransitionCoins to you;
– you will provide us with any additional information which may be reasonably required in order that we can fulfill our legal, regulatory and contractual obligations, including but not limited to any anti-money laundering obligation;
– you will notify us promptly of any change to the information supplied by you to us; and
– you waive any right you may have / obtain to participate in a class action lawsuit or a class
wide arbitration against any entity or individual involved with the sale of TransitionCoins.
3. Representations and Warranties
You hereby acknowledge, represent, and warrant: (a) as of the date of any TransitionCoin purchase, (b) as of the date of any discount or rebate related activities you conduct in connection with TransitionCoins, and (c) as of the date of any voting conducted by you in connection with TransitionCoins:
– the information on this Website, including the White Paper and the Terms, relates to a sale of tokens that is exempt from registration under the Securities Act and may not comply in important respects with SEC rules that would apply to an offering document relating to a public offering of securities;
– TransitionCoins do not constitute securities in any form in any jurisdiction;
– the Whitepaper available on the Website (together with the documents incorporated therein by reference, hereinafter the “Whitepaper”) does not constitute a prospectus or offer document in respect of securities of any sort and is not intended to constitute an offer of securities in any jurisdiction or a solicitation for investment in securities;
– no regulatory authority has examined or approved of the information set out in the Whitepaper, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or dissemination of the Whitepaper to purchasers of TransitionCoins does not imply that the applicable laws, regulatory requirements or rules have been complied with;
– any offer and sale of TransitionCoins in the United States in compliance with applicable exemptions under the Securities Act shall be without prejudice to the status of TransitionCoins as utility tokens and shall not be deemed to be a conclusion that the TransitionCoins are “securities” as defined in the Securities Act or under the securities laws of any state in the United States or any other jurisdiction;
– the distribution or dissemination of the Whitepaper, any part thereof or any copy thereof, or acceptance of the same by purchasers of TransitionCoins, is not prohibited or restricted by the applicable laws, regulations or rules in your applicable jurisdiction, and where any restrictions in relation to possession are applicable, purchasers of TransitionCoins have observed and complied with all such restrictions at purchasers’ own expense and without liability to Transition Green Burials LLC.;
– TransitionCoins are not to be construed, interpreted, classified or treated as:
(i) any kind of currency;
(ii) debentures, stocks or shares issued by any person or entity;
(iii) rights, options or derivatives in respect of such debentures, stocks or shares;
(iv) rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
(v) units in a collective investment scheme;
(vi) units in a business trust;
(vii) derivatives of units in a business trust; or
(viii) any other security or class of securities;
– you are fully aware of and understand that purchasers of TransitionCoins are not eligible to purchase any TransitionCoins if purchasers of TransitionCoins are a citizen, resident (tax or otherwise) of a jurisdiction that prohibits acquisition of cryptographic tokens and/or virtual currencies;
– you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology;
– Transition Green Burials LLC or any of the Transition Green Burials LLC Team is not liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on the Whitepaper or any part thereof by purchasers of TransitionCoins;
– all of the above representations and warranties are true, complete, accurate and non-misleading from the time of access to and/or acceptance of possession by you of the Whitepaper or such part thereof (as the case may be);
– if you are a resident or citizen of the United States,
o you have been advised that TransitionCoins have not been registered under the Securities Act, or any state securities laws and, therefore, cannot be resold unless they are conclusively determined not to be securities under applicable laws, they are registered under the Securities Act and applicable state securities laws, or unless an exemption from such registration requirements is available;
o you are purchasing this security instrument for its own account for investment, not as a nominee or agent, and not with a view to, or for resale in connection with, the distribution thereof;
o you have no present intention of selling, granting any participation in, or otherwise distributing TransitionCoin tokens; and
o you have such knowledge and experience in financial and business matters that you are capable of evaluating the merits and risks of TransitionCoin purchases, are able to incur a complete loss of such investment without impairing your financial condition and are able to bear the economic risk of such purchase for an indefinite period of time;
– you will not use TransitionCoins or any information on the Website for any unlawful or prohibited purpose;
– neither the Company nor any of the Transition Green Burials LLC Team has provided you with any advice regarding whether TransitionCoin is a suitable investment for you;
– you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, such as Bitcoin and Ether, as well as blockchain-based software systems generally;
– you have not supplied us with information relating to your acquisition of TransitionCoins or otherwise which is inaccurate or misleading;
– you are not younger than 18 and are of a sufficient age (if an individual) to legally obtain TransitionCoins, and you are not aware of any other legal reason to prevent you from obtaining TransitionCoins;
– you take sole responsibility for any restrictions and risks associated with receiving and holding TransitionCoins, including but not limited to those set out in the Legal / Risk Factors Document available as of the date of purchase on the Website;
– by acquiring TransitionCoins, you are not making a regulated investment, as this term may be interpreted by the regulator in your jurisdiction;
– you are not obtaining or using TransitionCoins for any illegal purpose, and will not use TransitionCoins for any illegal purpose;
– to the extent permitted by law and provided we act in good faith, the Company makes no warranty whatsoever, either expressed or implied, regarding the future success of Transition Green Burials LLC (as the project is described in Whitepaper and/or the Ethereum Network);
– you accept that TransitionCoins are created and you obtain TransitionCoins on an “as is” and “under development” basis;
– you bear sole responsibility for determining if:
(i) the acquisition, allocation, use or ownership of TransitionCoins;
(ii) the potential appreciation or depreciation in the value of TransitionCoins over time, if any;
(iii) the sale and purchase of TransitionCoins; and/or
(iv) any other action or transaction related to TransitionCoins,
has tax implications.
4. Rights and Limitations Associated with TransitionCoins
TransitionCoins shall have no voting rights because they are not a security. Any discount is as described in these Terms and in the Whitepaper, subject to the restrictions, obligations, risk factors, and limitations set out in the Whitepaper and herein.
FOR THE AVOIDANCE OF DOUBT, TRANSITION GREEN BURIALS LLC REMAINS IN DEVELOPMENT AND ANY STATEMENTS ABOUT OPERATIONS OF TRANSITION GREEN BURIALS LLC REFER TO INTENDED FUTURE OPERATIONS.
5. Certain Undertakings in Relation to Regulations
a. You are acquiring TransitionCoins, if, as and when issued for usage, and not with a view to, or for offer or sale in connection with, any distribution thereof in violation of the Securities Act or any other applicable securities laws, subject to any requirement of law that the disposition of your property or the property of such purchaser account or accounts be at all times within your or their control and subject to your or their ability to resell TransitionCoins, if, as and when issued.
b. Each holder of TransitionCoins acknowledges that the Company is not making any representations as to the availability for resale of TransitionCoins, if, as and when issued.
c. Each holder of a TransitionCoins acknowledges that TransitionCoins, when, as and if issued, will be deemed to contain a legend substantially to the following effect:
THIS TRANSITIONCOIN TOKEN HAS NOT BEEN AND WILL NOT BE REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION. NEITHER THIS TRANSITIONCOIN TOKEN NOR ANY INTEREST OR PARTICIPATION THEREIN MAY BE OFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT.
d. You understand that no action has been taken in any jurisdiction in the U.S. or elsewhere by the Company that would result in a public offering of TransitionCoins or the possession, circulation or distribution of the Whitepaper, the Terms or any other material relating to the Company or TransitionCoins in any jurisdiction where action for such purpose is required. Consequently, any transfer of the TransitionCoins will be subject to the transfer restrictions set forth by regulatory authorities.
e. You acknowledge that the Company will rely upon the truth and accuracy of the acknowledgments, representations, warranties and agreements set forth herein and agree that, if any acknowledgments, representations, warranties and agreements deemed to have been made by your participation in the sale of TransitionCoins are no longer accurate, you will promptly notify the Company.
6. Mechanics of TransitionCoins Sale
You must follow the instructions provided on the Website for acquiring TransitionCoins.
TransitionCoins will be generated as soon as reasonably practicable after completion of the TransitionCoins sale. The timing for completion of the TransitionCoins sale is provided on the Website. No more TransitionCoins will be issued after the end of the TransitionCoins sale. Purchaser must have an Ethereum wallet that supports the ERC-20 token standard in order to receive any TransitionCoins purchased from the Company.
7. TransitionCoin Pricing
Provided pricing updates available on the Website at the time of any funding do not differ, Purchasers in the TransitionCoins sale will be allocated their TransitionCoins as follows:
– 1 TransitionCoin for $0.70, for purchases made during the Presale (November 13, 2018 (from 6:00 PM GMT) until December 31 2018 (6:00PM GMT);
– 8,000 TransitionCoins for $5,040.00, for purchases made during the Presale (November 13, 2018 (from 6:00 PM GMT) until December 31 2018 (6:00PM GMT);
– 1 TransitionCoin for $1.00, for purchases made during ICO period (after December 31 2018 (6:00PM GMT));
– 8,000 TransitionCoin for $7,200.00, for purchases made during ICO period (after December 31 2018 (6:00PM GMT));
During the ICO Period, but not during the Presale, TransitionCoins may be bought in fractions, and the price of such shall be calculated on a pro rata basis according to the above.
8. Timing of TransitionCoins Sale
The sale of TransitionCoins will begin on December 31, 2018 and will run until all coins are sold. The Company reserves the right to change the sale dates or extend the sale duration for any reason, including the unavailability of the Website or other unforeseen security or procedural issues.
The Company will regularly update on the Website the number of TransitionCoins sold.
As part of TransitionCoins sale, the Company shall collect your personal information for the purposes of conducting a know-your-client (KYC) procedure as per Company policy. The Company reserves the right to unilaterally terminate any agreement with a Purchaser if such Purchaser does not pass the Company’s KYC. Such termination may occur after the transfer of funds by you to the Company, in which case the Company shall refund such funds to the Purchaser as soon as reasonably practicable.
10. After the TransitionCoins Sale
To the fullest extent permitted under applicable law, all rights, obligations, and limitations arising under TransitionCoins as per the terms hereof shall remain with TransitionCoins, regardless of ownership. Accordingly, such rights, obligations, and limitations will transfer as TransitionCoins are transferred from one owner to another. Prior to a Purchaser selling TransitionCoins after the Company’s sale of TransitionCoins is complete, such Purchaser shall ensure that the buyer of any such TransitionCoins undertakes to comply with all the provisions of these Terms as if such buyer were a Purchaser in the Company’s sale of TransitionCoins.
The Company and the Transition Green Burials LLC Team in no way guarantee that the value of TransitionCoins will appreciate after the sale of TransitionCoins. If TransitionCoins do appreciate in value, neither the Company nor any of the Transition Green Burials LLC Team, makes any guarantee that the value of TransitionCoins will not subsequently decrease.
11. All Purchases of TransitionCoins are Final
All purchases of TransitionCoins are final. Purchases of TransitionCoins are non-refundable. By purchasing TransitionCoins, the purchaser acknowledges that neither the Company nor any Transition Green Burials LLC Team member, nor any of their affiliates, directors or shareholders are required to provide a refund for any reason. If the company believes, in its sole discretion, that any individuals or entities owning TransitionCoins creates material regulatory or other legal risks or adverse effects for the Company and/or Transition Green Burials LLC, the Company reserves the right to buy all TransitionCoins from such Transition Coin owners at the then-existing market price.
12. Taxation of TransitionCoins and Taxation Related to the ICO
The Purchaser bears the sole responsibility to determine if the purchase of TransitionCoins or the potential appreciation or depreciation in the value of TransitionCoins over time has tax implications for the Purchaser in the Purchaser’s home jurisdiction. By purchasing TransitionCoins, and to the extent permitted by law, the Purchaser agrees not to hold any of the Company, its affiliates, shareholders, director, or advisors liable for any tax record-keeping or liability associated with or arising from the purchase of TransitionCoins.
13. Force Majeure
Transition Green Burials LLC and the Transition Green Burials LLC Team are not liable for failure to perform solely caused by:
– unavoidable casualty;
– delivery delays;
– government orders;
– acts of civil or military authorities;
– acts by common carriers;
– emergency conditions (including weather conditions);
– security issues arising from the technology used; or
– or any similar unforeseen event that renders performance commercially implausible.
14. Disclaimer of Warranties
The Purchaser expressly agrees that the Purchaser is purchasing TransitionCoins at the Purchaser’s sole risk and that TransitionCoins are provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required). Without limiting the foregoing, none of the Transition Green Burials LLC Team warrants that the process for purchasing TransitionCoins will be uninterrupted or error-free.
15. Limitations Waiver of Liability
The Purchaser acknowledges and agrees that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to (i) use of, or inability to use, TransitionCoins or (ii) the Transition Green Burials LLC Team under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that none of the Transition Green Burials LLC Team shall be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, or purchase of, or inability to purchase, TransitionCoins, or arising out of any interaction with the smart contract implemented in relation to TransitionCoins. The Purchaser further specifically acknowledges that the Transition Green Burials LLC Team is not liable for the conduct of third parties, including other Purchasers of TransitionCoins, and that the risk of purchasing and using TransitionCoins rests entirely with the Purchaser. To the extent permissible under applicable laws, under no circumstances will any of the Transition Green Burials LLC Team be liable to any Purchaser for more than the amount the Purchaser have paid to the Company for the purchase of TransitionCoins.
16. Complete Agreement
These Terms set forth the entire understanding between the Purchaser and the Company with respect to the purchase and sale of TransitionCoins. For facts relating to the sale and purchase, the Purchaser agrees to rely only on these Terms in determining purchase decisions and understands that the Terms govern the sale of TransitionCoins and supersede any public statements about the TransitionCoins sale made by third parties or by the Transition Green Burials LLC Team or individuals associated with any of the Transition Green Burials LLC Team, past and present and during the TransitionCoins sale.
The Purchaser and the Company agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
18. No Waiver
The failure of the Company to require or enforce strict performance by the Purchaser of any provision of these Terms or the Company’s failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Transition Green Burials LLC Team shall be deemed a modification of these Terms nor be legally binding.
19. Updates to the Terms and the Website
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Whitepaper and/or Terms at any time during the sale by posting the amended Whitepaper and/or Terms on the Website. All changes will be effective upon posting on the Website. You agree to be bound by any such changes if you continue to use the Website and/or holding TransitionCoins (including the rights to receive TransitionCoins). The Company may change, restrict access to, suspend or discontinue the Website, or any portion of the Website, at any time.
20. Cooperation with Legal Authorities
The Company will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Transition Green Burials LLC Team from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your purchase or use of TransitionCoins; (ii) your responsibilities or obligations under these Terms; (iii) your violation of these Terms; or (iv) your violation of any rights of any other person or entity. The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this Section 20.
Other than with respect to transfers of TransitionCoins, Purchaser may not assign, transfer, charge or deal in any other manner with these Terms or any of its rights under it (including holding an interest on trust for another), nor purport to do so, nor subcontract any or all of its obligations under these Terms without having obtained the prior written consent of the Company.
You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold the TransitionCoins purchased from the Company, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your TransitionCoin Tokens. The Company is not responsible for any losses, costs or expenses relating to lost access credentials.
24. Entire Agreement
These Terms set out the entire agreement between the Purchaser and the Company in respect of the use of the Website, the disclosure of information about the Purchaser to the Company, the sale of TransitionCoins, and Transition Green Burials LLC, and supersede any previous agreement or arrangement between the Purchaser and the Company relating to the subject matter of TransitionCoins sale or Transition Green Burials LLC.
25. Third Party Rights
Other than with respect to transfers of TransitionCoins, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.
You agree that the Company may communicate with, and/or otherwise provide notifications to you, via email and other forms of electronic communications, or by sending you a paper document, or by posting on the Website.
Only English versions of any Transition Green Burials LLC Team communications shall be considered official communications of the Company. The English version of any communications and/or these Terms shall prevail in case of differences in translation.
28. Governing Law
These Terms, the arbitration clause contained in them, and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms are governed by, construed, and take effect in accordance with English law.
Any dispute or difference arising out of or in connection with these Terms or the legal relationships established by these Terms, including any question regarding its existence, validity or termination (“Dispute”), shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the Company and the Purchaser would otherwise have to any form of appeal, which rights are expressly reserved. The number of arbitrators shall be one. The seat of the arbitration shall be Ashland, Oregon. The language of the arbitration shall be English. A Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
End of Document