Last Modified: March 17, 2022
This Oversoul Inc. Terms of Service (the “Terms”) constitutes an agreement between you, the user, and Oversoul Inc. and its subsidiaries and affiliates (“Oversoul Inc.”, “we” or “us”). These Terms govern your access to and use of the Transcend website located at www.wetranscend.com and related websites and desktop, mobile and other applications (collectively, the “Website”), including any content, functionality and services offered on or through the Website and any of our other products or services offered under our Transcend™ brand (collectively, the “Services”).
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with us. If you do not meet these requirements, you must not access or use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
Changes to these Terms
We may modify these Terms at any time in our sole discretion by posting a revised version on our Website at www.wetranscend.com/pages/terms-of-service. Changes will not apply retroactively and will only become effective when (i) you use the Services after you are notified about the change, or (ii) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms accordingly. Your continued use of the Services after the Last Modified Date signifies your knowledge about and consent to the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Modified Date. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Products or Services
We reserve the right, but are not obligated, to limit the sales of the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any of the Services that we offer. We attempt to be as accurate as possible but cannot warrant that the Services descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. All descriptions of the Services or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any of the Services at any time. Any offer for any of the Services made on this site is void where prohibited.
We reserve the right to modify the Services we offer and the manner in which the Services are delivered in our sole discretion. Some Services may be offered by third parties contracted by us.
Tree Burial™ for People Reforestation Contributions
Oversoul Inc. currently partners with the non-profit One Tree Planted (“Reforestation Non-Profit Partner” or “RNP”) for the purpose of tree planting. We reserve the right to modify or change our RNP(s) at any time. Please review our Website for the most current information regarding our RNP(s). Should you choose to unlock access to our Transcend Tree Burial for People benefits, your $100 contribution will be paid to Oversoul Inc, or one of its affiliates and we will then pass your contribution directly to our RNP(s). We do not believe any contributions that Oversoul Inc. passes on to our RNP(s), or any other non-profit organizations, are deductible for federal income tax purposes however our opinion does not constitute legal, tax, accounting, investment or other professional advice. We encourage you to consult with your tax preparer or a tax professional regarding the deductibility of your contribution. Contributions will be passed through to our RNP(s) in a reasonable time frame.
We reserve the rights to modify and/or remove any benefits described on our Website in connection with your contribution. Due to regulatory and other reasons, some of the benefits described on our Website in connection with your contribution may vary by geographic location of the Services to be performed. If we are unable to launch the Services in your geographic area due to regulatory restrictions or for any other reason, you may never realize any of the benefits in connection with your contribution. Any contributions made through our Website and/or Services are non-refundable.
Data Privacy and Personal Information
You assume all such risks with regards to your use of the Services. You understand that content you provide to us in connection with the Services (other than your payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks. You understand that we provide the Services over the Internet, that such connections can be unpredictable, insecure, and unstable, and that we cannot guarantee uninterrupted access to the Services. We disclaim all liability in connection with any security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against us in connection therewith.
We and the Services are operated from within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. We make no claim that the content of the Services may be utilized, accessed or appropriated outside the United States. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.
Third Party Materials
The Services may link to independent third-party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. We are not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third-party websites or interact or communicate with third parties through the Services, you do so at your own risk. We are not responsible for the actions, content, information, data, practices, policies or opinions of any third parties, including other users. You are solely responsible for your interactions with any other parties with whom you interact through the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
In addition to the Services, the Website may also advertise, offer, or make available information, products and/or services provided by third parties (collectively, the “Third-Party Materials”). Third-party products and/or services are governed by separate agreements or licenses with the third parties. We offer no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Materials, including any liability resulting from incompatibility between third-party products and/or services and the products and/or services provided by us. You agree that you will not hold us responsible or liable with respect to the Third-Party Materials or seek to do so.
All of the Services, including availability and price, are subject to change at any time without notice. We reserve the right, with or without prior notice, to charge a fee for the Services, to limit the availability of or to discontinue any Service; to impose conditions on any promotion; to bar any user from making any payment; and/or to refuse to provide any user with any Service.
We grant to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms. We reserve all other rights in the Services not expressly granted to you.
We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas, criticism or other information that you provide to us concerning the Services (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for its own purposes, with no obligation to pay you royalties or any other compensation. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or Services. You also acknowledge that Submissions will not be returned and we may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products and/or services.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
Use of the Services
You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:
- You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
- You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any federal, state or locals laws or regulations in your jurisdiction (including but not limited to copyright laws and laws regarding the burial of humans and animals).
- Before utilizing the Services, you will confirm use of the Services complies with applicable laws and regulations at or in the location you intend to utilize the Services.
- You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing).
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
- You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms.
- You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
- You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another's use of the Services.
- You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts.
- You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.
- You will not act in a manner that violates these Terms.
We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and to terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, music, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of us, are (i) owned by us, our licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms.
Using the Services does not give you ownership of any intellectual property rights in the Services or any content on the Services. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
We cannot protect or advise you on your intellectual property rights, and we cannot and do not take any responsibility for doing so.
Electronic Delivery Statement and Your Consent
You agree to receive legal notices and other information concerning us or the Services electronically, including notice to any email address that you may provide.
Term and Termination
These Terms will remain in effect until terminated by you or us. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. We also reserve the right to pursue any additional remedies available in law or equity.
You agree that we may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. We have no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services.
The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.
Disclaimer of Representations and Warranties
THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
WE DO NOT REPRESENT UTILIZATION OF THE SERVICES IS LEGAL IN ALL CITIES, COUNTIES AND OTHER JURISDICTIONS LOCATED IN THE FIFTY (50) STATES OF THE UNITED STATES AND ITS TERRITORIES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOUR USE OF THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against us, our affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. We, our affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services, any associated content, or any products and/or services delivered to you through the Service, (ii) any interaction with any third party through or in connection with the Services, including other users, (iii) any information offered or provided within or through the Services, or (iv) any other matter relating to the Services.
Notwithstanding the foregoing, in no event shall we, our affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You are solely legally liable if your use or misuse of the Services, any associated content, or any products and/or services delivered to you through the site causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless us, our affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services, or violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
Choice of Law
You agree that the laws of the State of New York and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Binding Arbitration and Jurisdiction
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more about AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts of New York.
Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of these Terms of Service.
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
The Services are operated by Oversoul, Inc. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at: