These Terms and Conditions apply to your use of our Website. By visiting or using our Website, or by agreeing to Our User Agreement, you accept these Terms and Conditions. Continued use of our Website constitutes your acceptance of any revisions to these Site Terms.
'Website' means Tokken.com and other Internet sites operated by Tokken, Inc. 'Tokken' or 'us' or 'our' refers to Tokken, Inc., and its business. 'You' or 'your' means the user of our Website.
PATRIOT Act: Federal law requires Tokken to obtain, and in certain other circumstances, verify and record your name, address, date of birth and other information that will allow us to identify you when you open an account and in certain other circumstances.
Tax / Legal Advice: Our Website is not intended to provide legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.
Jurisdictions: Tokken products and services are available only in those jurisdictions where Tokken is authorized or permitted by local law to promote or sell them.
Availability of Products: Tokken products and services are generally available to any adult who meets certain criteria, including an adult who can provide required information to allow Tokken to provide its services.
Computer or Mobile Device Requirements: To use Our Website, you must have a personal computer or mobile device connected to the Internet. You are responsible for the selection, installation, maintenance, and operation of your computer or mobile device and its software. We are not responsible for any errors, failures, or malfunctions of your computer or mobile device and its software. You are responsible for ensuring that your computer and software are compatible with our Site. We reserve the right to change the system requirements for using Our Website.
Our Right to Publish: By posting a comment on Our Website or on Tokken-sponsored message boards, discussion forums or other interactive content on third party sites, you agree that Tokken may publish your comment in whole, or in part. Tokken does not agree to post all comments received. Tokken reserves the right to remove or modify any posting that is false, offensive, violates any law or the rights of third parties, violates these Site Terms, or is defamatory or duplicative.
Identification of Posters: When you submit a posting to Tokken on this or other sites, Tokken may identify you by: your hometown, and state or country; and your first name, or last name and initial, or an alias that you have provided to us; and other information that does not specifically identify you.
Disclosure in Legal Actions: Tokken reserves the right to reveal your identity and the content of your original and posted submissions in response to legal action by any party, or in response to a request by governmental authority, or in defense of Tokken.
Tokken Ownership of Content: Tokken retains ownership of all postings submitted on Our Website, except when copyrighted material is posted.
Commercial or Personal Use Only: You will use the Site only in connection with your business or personal Tokken Account, unless you and Tokken have agreed otherwise in writing. Use in connection with policies or accounts with Tokken in the name of your business are considered Commercial use.
Electronic Mail: You may not send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act.
Access: You may not use Our Website in any manner that could damage or overburden any Tokken equipment or software. You may not use any means of systematic retrieval of data or other content from Our Website. You may not obtain, or attempt to obtain, access to any material or information on Our Website that is protected by passwords, PIN or required login identification through any means not expressly authorized by Tokken. You may not use the login information of another person, unless they specifically authorized you to do so.
False Information: You may not intentionally provide any false information when you register for Our Website, apply for products or services from Tokken, post comments on Our Website or on Tokken-sponsored web pages, or to complete your profile.
Framing: You may not frame any Site content.
Links: You agree to obtain our permission before creating a hyperlink or similar link or connection to Our Website.
Endorsements: You may not use Tokken’s name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by Tokken without express written permission.
Third Party Practices
Our Website contains links to other Internet sites that are not maintained by Tokken. We do not control some third parties that are linked from Our Website. Unless otherwise stated, Tokken makes no warranties or representations regarding these websites or the products or services offered on them. Tokken does not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours.
Unsolicited Submissions: Unless otherwise stated, Tokken does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its services and products. Any such postings to Our Website and electronic mail delivered to Tokken will be considered non-confidential and non-proprietary, and will remain, the exclusive property of Tokken. Tokken may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation. Personal information transmitted to us will be treated in accordance with the Tokken Privacy Promise.
Tokken Copyright: This entire Website is the copyrighted work of Tokken. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.
Trademarks: By providing content, we do not allow you to use trademarks referenced in our Website. You may not use any meta tags or any other 'hidden text' using Tokken's name or trademarks without the express written consent of Tokken. The trademarks, logos, and service marks ('Marks') displayed on the Site are the property of Tokken or other parties. Users are prohibited from using any Marks without the written permission of Tokken or the third party that owns the Marks.
Copyright Infringement Claims: It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on our Website may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit Tokken to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by Tokken. Written notice must be sent to: Tokken, 383 Corona St, Denver CO 80218.
Disclaimer of Warranties and Limitation of Liability
Our Website is provided by Tokken on an 'as is' and 'as available' basis. To the full extent permissible by applicable law, Tokken disclaims all warranties, express or implied, including, but not limited to, implied warranties of Merchantability and fitness for a particular purpose. Except as provided in the Online Security Guarantee, Tokken will not be liable to you or anyone else for damages of any kind arising from the use of Our Website, INABILITY TO USE OUR WEBSITE, or circumstances beyond its control, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, even if Tokken is expressly advised of the possibility of such damages. Some states do not allow limitations on warranties or certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Governing Law: Use of Our Website and the User Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of laws, unless otherwise specified in the applicable Product Agreement. The Uniform Computer Information Transactions Act or any substantially similar law, if enacted, will not govern any aspect of these Site Terms, your access to Our Website or the Online Agreement.
Jurisdiction and Venue: If any claim or dispute under these Terms and Conditions is not subject to Arbitration or an alternative as described in the Arbitration Procedures in the User Agreement, then exclusive jurisdiction and venue shall be with a court of competent jurisdiction in Denver, Colorado. You consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.
Severability: If any provision of these Terms or the User Agreement is unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.
Waivers: Any waiver of any provision of these Terms or the User Agreement will be effective only if in writing and signed by an authorized representative of Tokken. Any delay or omission by Tokken to exercise any rights under these Terms or the User Agreement shall not be construed to waive any rights.
Section Headings: The section titles and the section headings are not part of the agreement and are not to be used in interpreting the terms of the agreement.
Conflicts: In the event of a conflict between these Terms or the User Agreement and your Product Agreement, the Product Agreement shall control.
Notices: If you have registered at our Website we will notify you of any material changes to these Terms or the User Agreement by using any of the contact information you have provided to us. These changes will not apply to disputes that arise prior to the effective date of the change
Survival: Certain provisions of this Agreement by their nature shall continue in full force and effect after termination, including authorizations you have granted, the Disclaimer of Warranties and Limitation of Liability, Arbitration, and Jurisdiction/Enforceability.