Terms of Use.

Effective Date: September 1, 2017
Please read this agreement carefully. It sets forth the legally binding terms and conditions for your use of the service, such as your grants and waivers of rights, the limitations of our liability, your indemnity of us, and arbitration of certain disputes.

INTRODUCTION AND OVERVIEW

Welcome! You have arrived at trytokr.com and/or are otherwise interacting with our Service (defined below), which is owned and operated by Tokr, LLC (collectively, “Tokr,” “we,” “our,” or “us”). These Terms govern your use of any online service location (e.g., website or mobile app) that posts a link to these Terms (“Site”) (including both mobile and online versions). It also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through a Site, and/or that post or link to these Terms (collectively, with the Site, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. The Service is a platform that enables consumer users (“Consumer(s)”) to receive information and offers from retailer users (“Retailer(s)”). Retailers self-publish using the Service platform and we are not responsible for their offers, communications, content or products or services. This Service is limited to users twenty-one (21) or older, excepting only younger users that have a valid prescription and/or license to obtain medical marijuana.

By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance therewith. By interacting with and/or using the Service, you signify your assent and agreement to these Terms. If you do not agree to these Terms, you must not use the Service.

In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the Service’s Privacy Policy, which you accept by using the Service.

Each time you access and/or use the Service, you agree to be bound by and comply with these Terms and any applicable Additional Terms then posted (subject to [Section D.1]). Therefore, do not use the Service if you do not agree. The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Service available to you.


A. RIGHTS AND RESPONSIBILITIES TERMS

These terms set forth your and our rights, and your obligations and restrictions, related to the Service:
  1. Service content, ownership, limited license, and rights of others
    1. Content
    2. Ownership
    3. Limited License
    4. Rights of Others
    5. Reservation of All Rights Not Granted As To Content and Service
  2. Content you submit and community usage rules
    1. User-Generated Content
      1. General
      2. Non-Confidentiality of Your UGC
      3. License to Tokr of Your UGC
      4. Tokr’s Exclusive Right to Manage Our Service
      5. Representations and Warranties Related to Your UGC
      6. Enforcement
    2. Platform Usage Rules
      1. Nature of Rules
      2. Your Interactions With Other Users; Disputes
    3. Alerting Us of Violations
  3. Service and content use restrictions
    1. Service Use Restrictions
    2. Content Use Restrictions
    3. Availability of Service and Content
  4. Links by you to the service

B. ACCOUNTS AND FEATURES TERMS

These terms explain Service features and accounts, and your related options and obligations:
  1. Accounts and Profiles
    1. Accounts
    2. Retailer Profiles
  2. Offer Terms
  3. Third-Party Services: Advertisements; Dealings with Third Parties
    1. Third-Party Content and Sites; Advertisements
    2. Dealings with Third Parties /li>
    3. Terms Applicable for Apple iOS and Other Platforms
  4. Wireless, Messaging, and Location-Based Features
    1. Wireless Features
    2. Messages
      1. Text Messages
      2. Email Messages
    3. Location-Based Features
  5. Notices, Questions and Customer Service

C. INFRINGEMENT AND DISPUTES TERMS

These terms explain how to provide notice of infringement, your limitation of remedies, our warranty and liability limitations and require arbitration of most disputes by arbitration on an individual basis (including a jury trial and a class action waiver):
  1. Procedure For Alleging Copyright Infringement
    1. DMCA Notice
    2. Counter-Notification
  2. Procedure For Alleging Infringement of Other Intellectual Property
  3. Dispute Resolution
    1. First-Try to Resolve Disputes and Excluded Disputes
    2. Forums for Alternative Dispute Resolution
      1. Arbitration
      2. Nature, Limitations, and Location of Alternative Dispute Resolution
    3. Injunctive Relief
    4. No Class Action Matters and Jury Waiver
    5. Federal and State Courts in Denver County, Colorado
    6. Small Claims Matters Are Excluded From Arbitration Requirement
  4. Disclaimer of Representations and Warranties
  5. Limitations of our Liability
  6. Waiver of Certain Injunctive or Other Equitable Relief
  7. Indemnity

D. STANDARD TERMS AND CONDITIONS

  1. Updates to Terms
  2. Sales of Products and Services
  3. General Provision
    1. Tokr’s Consent or Approval
    2. Applicable Law
    3. Operation of Service; Availability of Products and Services; International Issues
    4. Export Controls
    5. Severability; Interpretation
    6. Electronic Communications and Contracting
    7. Investigations; Cooperation with Law Enforcement; Termination; Survival
    8. Assignment
    9. Complete Agreement; No Waiver
    10. California Consumer Rights and Notices
    11. Devices and Connectivity

A. Rights and Responsibilities Terms

Welcome! You have arrived at [URL] and/or are otherwise interacting with our Service (defined below), which is owned and operated by Tokr, LLC (collectively, “Tokr,” “we,” “our,” or “us”). These Rights and Responsibilities Terms set forth your and our rights, and your obligations and restrictions, related to the Service.

These Rights and Responsibilities Terms are part of the master Terms of Use (the “Terms”) for any online service location (e.g., website or mobile app) that posts a link to these Terms (“Site”) (including both mobile and online versions), as well as your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through a Site, and/or that post or link to these Terms (collectively, with the Site, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. The Terms also include the following additional terms you should read, and to which you agree by using the Service: B. Accounts and Features Terms; C. Infringement and Disputes Terms; D. Standard Terms and Conditions, and any Additional Terms posted on applicable portions of the Service.

  1. Service content, ownership, limited license, and rights of others
    1. Content: The Service contains a variety of: (i) materials and other items relating to Tokr and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Tokr (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
    2. Ownership: The Service and the Content are owned or controlled by Tokr and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Tokr or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and other rights and laws to the fullest extent possible. Tokr owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
    3. Limited License: Subject to your strict compliance with these Terms and the Additional Terms, Tokr grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download and copy (temporary storage only of web site content and a single Device download and storage of the mobile app), display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other wireless device, or other Internet-enabled device (each, a “Device”), and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you, in each case for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Service explicitly for your use as part of your UGC (defined below) (“Tokr Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Tokr Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Tokr Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Tokr’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Tokr Licensed Elements, subject to certain Additional Terms. Your breach of any of these Terms or Additional Terms automatically terminates this license.
    4. Rights of Others: In using the Service, you must respect the intellectual property and other rights of Tokr and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Tokr respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Procedure for Alleging Copyright Infringement Section C.1 and Procedure for Alleging Infringement of Other Intellectual Property Section C.2 below.
    5. Reservation of All Rights Not Granted As To Content and Service: These Terms and any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Tokr and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited
  2. Content you submit and community usage rules
    1. User-Generated Content
      1. General: Tokr allows or may allow users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submitted to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a Tokr sweepstakes or contest, or by sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding any Content and/or Tokr Licensed Elements included therein, “User-Generated Content” or “UGC”). For instance, all Content on the Service from and about Retailers, is the applicable Retailer’s UGC. In addition, users may potentially be able to submit UGC through profiles, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
      2. Non-Confidentiality of Your UGC: Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that, notwithstanding your retained ownership interests (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) as permitted by applicable law, or as explicitly stated in our Privacy Policy or applicable Additional Terms, Tokr does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon Tokr’s request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications, and digital storage, may be insecure and subject to breaches of security so that your UGC is submitted at your own risk and you agree to hold Tokr harmless with respect thereto. In your communications with Tokr, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Tokr retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Tokr’s receipt of your Unsolicited Ideas and Materials is not an admission by Tokr of their novelty, priority, or originality, and it does not impair Tokr’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
      3. License to Tokr of Your UGC: Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your UGC, or as explicitly set forth in our Privacy Policy or applicable Additional Terms, you hereby grant to Tokr, and you agree to grant to Tokr, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, as permitted by applicable law, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. As permitted by applicable law, to further effect the rights and license that you grant to Tokr to your UGC, you also hereby grant to Tokr, and agree to grant to Tokr, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, and that of any other person depicted in or otherwise included in your UGC, without any obligation or remuneration to you or any other party. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section A.2(a)(iii).
      4. Tokr’s Exclusive Right to Manage Our Service: Tokr may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Tokr may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time and, as permitted by applicable law and subject to the explicit terms of our Privacy Policy or applicable Additional Terms, you will not have the right, once submitted, to access, archive, maintain, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display.
      5. Representations and Warranties Related to Your UGC: Each time you submit any UGC, you represent and warrant that as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Tokr the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Tokr obligation to obtain consent of any third-party and without creating any obligation or liability of Tokr; (b) the UGC is accurate; (c) the UGC does not and, as to Tokr’s permitted uses and exploitation set forth in these Terms and any applicable Additional Terms, will not infringe any intellectual property or other right of any third-party; and (d) the UGC will not violate these Terms (including the Rules) or any applicable Additional Terms, or cause injury or harm to any person.
      6. Enforcement: Tokr has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including by bringing and controlling actions in your name and on your behalf (at Tokr’s cost and expense, to which you hereby consent and irrevocably appoint Tokr as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
    2. Platform Usage Rules: Our Platform Usage Rules (“Rules”) explain the conduct that is expected of Retailer and Consumer user of the Service’s user functionality.
      1. Nature of Rules: Your participation in the Communities is subject to all of the Terms, including these Rules:
        • Your UGC. All of your UGC either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Tokr. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Tokr as your UGC, then you must obtain your friend’s and the photographer’s permission to do so.)
        • Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. If you think your UGC might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or physical handicap. Your UGC must not be illegal, defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not exploit children under the age of 18.
        • Limited Commercial Purposes / No Political Purposes. Your UGC must not advertise or promote a product or service or other commercial activity, except UGC of Retailer users pursuant to the terms of the then current Additional Terms setting forth the business arrangement for their use of the Service. The Service may not be used to advertise or promote any politician, public servant, or public policy or political position.
        • Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
        • Do Not Use for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
        • Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or Tokr, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or Tokr.
        • Others Can See. We hope that you will use the Service to publish information and venue-appropriate content. However, please remember that when you publish UGC to users the UGC is public or semi-public. Take care when disclosing information to others.
        • Don’t Share Other People’s Personal Information. Your UGC should not reveal another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Tokr (e.g., an email address to send an email invite to a friend).
        • Don’t Damage the Service or Anyone’s Computers or Other Devices. Your UGC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
        • If you submit UGC that venue Tokr reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.
      2. Your Interactions With Other Users; Disputes: You are solely responsible for your interaction with other users of the Service, whether online or offline. This includes all dealings between Consumers and Retailers. We are not a party to any transactions with Retailers. If you send any message related to us to your friends, using a tool we provide on the Service or otherwise, you will only do so to the extent you have permission from them to send communications of such nature and you will comply with all applicable law related to such communications, including without limitation disclosing any incentives or consideration you may be receiving from us related thereto (e.g., benefits to you when friends redeem promotional codes you give them). We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
    3. Alerting Us of Violations: If you discover any content that violates these Terms, then you may report it to us here. For alleged infringements of intellectual property rights, see Procedure for Alleging Copyright Infringement and Procedure for Alleging Infringement of Other Intellectual Property, below.
  3. Service and content use restrictions
    1. Service Use Restrictions: You agree that you will not: (i) aside from Retailer’s permitted use of the Service pursuant to applicable Additional Terms, use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Tokr; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Tokr, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
    2. Content Use Restrictions: Without limiting the restrictions in Section A.3(a) above or in any applicable Additional Terms, you also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such Content (other than to the extent of your permitted use of the Tokr Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Tokr or, in the case of Content from a licensor, the owner of the Content; and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user experience of the Service.
    3. Availability of Service and Content: Tokr may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Tokr’s sole discretion, and without advance notice or liability.
  4. Links by you to the service
    We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Tokr or cause any other confusion, and (c) the links and the content on your website do not portray Tokr or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Tokr. Tokr reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party.
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B. Accounts and Features Terms

Welcome! You have arrived at [URL] and/or are otherwise interacting with our Service (defined below), which is owned and operated by Tokr, LLC (collectively, “Tokr,” “we,” “our,” or “us”). These Accounts and Features Terms explain Service features and accounts, and your related options and obligations.

These Accounts and Features Terms are part of the master Terms of Use (the “Terms”) for any online service location (e.g., website or mobile app) that posts a link to these Terms (“Site”) (including both mobile and online versions), as well as your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through a Site, and/or that post or link to these Terms (collectively, with the Site, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. The Terms also include the following additional terms you should read, and to which you agree by using the Service: A. Rights and Responsibilities Terms; C. Infringement and Disputes Terms; D. Standard Terms and Conditions, and any Additional Terms posted on applicable portions of the Service.

  1. Accounts and Profiles
    1. Accounts: In order to access or use some (or potentially all) of the features on the Service, you must first register through our online registration process at [http://APPLICABLE URL]. The Service’s practices governing any resulting collection use, disclosure and management of your personal information are disclosed in its Privacy Policy. Except for holders of a valid prescription or license to obtain medical marijuana, if you are under the age of twenty-one (21), then you are not permitted to register as a user, create an Account or otherwise use the Service or submit personal information to us.

      If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may provide you a randomly generated initial password) and you agree that: (i) you will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it, including on Account profile page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but accept that we are not responsible for thereafter stopping or preventing unauthorized use; and (vi) you will not sell, transfer, or assign your account or any account rights.

      We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third-party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

      If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right, as permitted by applicable law, to terminate your account or suspend or otherwise deny your access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability; subject to any applicable Additional Terms.
    2. Retailer Profiles: We may from time-to-time permit Retailer users to set up private, semi-private and/or public profile pages (“Profile Page(s)”) that allows Retailers to provide and/or display information about their products and services. Your Profile Page may not include any form of prohibited UGC, as outlined in Section A.2.a) above. Without limiting the foregoing, Profile Pages may not include content that you are attempting to sell through the Service, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions except as permitted by and pursuant to applicable Additional Terms. We may offer you the ability to set preferences relating to your profile or Service activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ profile material.

      Profile Pages may only be set up by an authorized representative of the Retailer that is the subject of the Profile Page. We do not review Profile Pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Service. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.
  2. Offer Terms: Retailers may use our Service to publish and distribute offers, which are UGC. The Service may associate a redemption code required to be used to redeem or otherwise make use of the offer, and we may track and receive information about you and your transactions from Retailer. This helps our Service better enable Retailers to provide you relevant offers. For more information, see our Privacy Policy. Offers are not gift certificates, have no cash value and are subject to each offer’s specific terms and conditions. We are not responsible for the content of the offers (or any other Retailer UGC) or your interactions or transactions with Retailers.

    From time-to-time the Services may include promotional, loyalty or rewards programs, which we may automatically enroll you in, and which will be subject to Additional Terms. These programs are subject to change and discontinuance consistent with the applicable Additional Terms.
  3. Third-Party Services: Advertisements; Dealings with Third Parties
    1. Third-Party Content and Sites; Advertisements: The Service may contain or may interact with or otherwise be associated with third-party platforms, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by Tokr (collectively, “Third-Party Services”), including services operated by Retailers, advertisers, licensors, licensees, e-commerce partners and certain other third parties who may have business relationships with Tokr. This may include the ability to register or sign in to our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. We may also host our content, apps and tools on Third-Party Services. We may have no control over the content, operations, policies, terms, or other elements of Third-Party Services, and we do not assume any obligation to review any Third-Party Services. Tokr does not necessarily endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Tokr is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services. Some Third-Party Services may impose fees for access to their resources through our Service and/or your Account and you are responsible for all such fees. Finally, as permitted by applicable law, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Services. Tokr disclaims all liability in connection therewith, as permitted by applicable law.
    2. Dealings with Third Parties: Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third-party (including issues related to the content of Retailer advertisements, offers, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). By logging into or enabling Third-Party Services within or in connection with your Account, you are allowing us to pass your log-in and other information to these providers for this purpose. For more information about the implications of activating these Third-Party Services and our use, storage and disclosure of information related to you and your use of such services within our Service (including your friend lists and the like), please see our Privacy Policy. As permitted by applicable law, you hereby agree to indemnify Tokr against all claims, injury and/or damages including, without limitation, attorneys’ fees, that arise out of your use of any Third-Party Service, including without limitation from any material that you post on any forum or social networking site in connection with us and/or any other claim related to your use of social media.

      As permitted by applicable law, you hereby grant Tokr an irrevocable perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site or other Third-Party Service in connection with us or our Service.
    3. Terms Applicable for Apple iOS and Other Platforms: If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Service via Apple, see below for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.
        TERMS APPLICABLE FOR APPLE IOS
      1. To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and Tokr and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
      2. The license granted to you by Tokr under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
      3. You acknowledge that Tokr, and not Apple, is responsible for providing the Service and Content thereof.
      4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
      5. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
      6. Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Tokr, Tokr, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      7. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
      8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
      9. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
      10. Your use of real time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.
  4. Wireless, Messaging, and Location-Based Features
    1. Wireless Features: The Service may offer certain features and services via your wireless Device. Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify Tokr of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Service is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or App settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
    2. Messages
      1. Text Messages: You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Except for purchase of premium text programs to which you subscribe for a fee, your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them.
      2. Email Messages: You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
    3. Location-Based Features: If GPS, geo-location or other location-based features are enabled on your Device, you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Policy. For example, we use this technology to help you find Retailers that are close to you, enable Retailers to send you timely and relevant offers and to let Retailers know how many Consumers entered their location within certain periods after receiving an offer. Some Devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Disabling such functionality may limit your ability to use the Service and get desirable offers. Typically, your proximity or connection to wi-fi, Bluetooth and other networks may still be tracked when location services are turned off on Device settings. You can terminate Device location tracking via a mobile app by us by uninstalling the application. Territory geo-filtering maybe required in connection with use of some Service features due, for instance, to Content territory restrictions. The location-based services offered in connection with Tokr’s mobile app(s) or feature(s) are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or physical or property damage. Use location-based services at your own risk as location data may not be accurate.
  5. Notices, Questions and Customer Service:
    You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your Account settings. All legal notices to us must be sent to [______________________].

    If you have a question regarding using the Service, you may contact Tokr Customer Support by sending an email here. You acknowledge that the provision of customer support is at Tokr’s sole discretion and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
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C. Infringement and Disputes Terms

Welcome! You have arrived at [URL] and/or are otherwise interacting with our Service (defined below), which is owned and operated by Tokr, LLC (collectively, “Tokr,” “we,” “our,” or “us”). These Infringement and Disputes Terms explain how to provide notice of infringement, your limitation of remedies, our warranty and liability limitations and require arbitration of most disputes by arbitration on an individual basis (including a jury trial and a class action waiver).

These Infringement and Disputes Terms are part of the master Terms of Use (the “Terms”) for any online service location (e.g., website or mobile app) that posts a link to these Terms (“Site”) (including both mobile and online versions), as well as your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through a Site, and/or that post or link to these Terms (collectively, with the Site, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. The Terms also include the following additional terms you should read, and to which you agree by using the Service: A. Rights and Responsibilities Terms; B. Accounts and Features Terms; D. Standard Terms and Conditions, and any Additional Terms posted on applicable portions of the Service.

  1. Procedure For Alleging Copyright Infringement
    If you are a copyright owner and believe infringing use of your content is on our Service, or you are a User that has received notice that you have posted allegedly copyright infringing content on our Service, click here for more information.
      COPYRIGHT INFRINGEMENT
    1. DMCA Notice: Tokr asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In our sole discretion, we may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Tokr has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

      If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
      1. a legend or subject line that says: “DMCA Copyright Infringement Notice”;
      2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
      3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
      4. your full name, address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
      7. your electronic or physical signature.

      8. Tokr will only respond to DMCA Notices that it receives by mail here.

        It is often difficult to determine if your copyright has been infringed. We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

        Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

        We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

        Without limiting our other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Tokr.
    2. Counter-Notification: If access on the Service to a work that you submitted to Tokr is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
      1. a legend or subject line that says: “DMCA Counter-Notification”;
      2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
      3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
      4. your full name, address, telephone number, email address, and the username of your Account;
      5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
      6. your electronic or physical signature.

      7. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

        If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
  2. Procedure For Alleging Infringement of Other Intellectual Property
    If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:
    1. a legend or subject line that says: “Intellectual Property Infringement Notice”;
    2. a description of the intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
    4. your full name, address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
    7. your electronic or physical signature.

    8. We will act on such notices in our sole discretion, as permitted by applicable law. Any user of the Service that fails to respond satisfactorily to us with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
  3. Dispute Resolution:
    Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Tokr agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
    1. First-Try to Resolve Disputes and Excluded Disputes: If any controversy, allegation, or claim arises out of or relates to the Service, including without limitation, the Content, your UGC, these Terms, or any Additional Terms, our privacy practices related to the Service and offers made on and transactions and communications conducted through the Service (collectively, “Dispute”), or to any of Tokr’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section C.3(a). Your notice to us must be sent to: Tokr, LLC, [address], (Attn: Legal Department). Subject to Section C.3(a), for a period of sixty (60) days from the date of receipt of notice from the other party, Tokr and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Tokr to resolve the Dispute or Excluded Dispute on terms with respect to which you and Tokr, in each of our sole discretion, are not comfortable.
    2. Forums for Alternative Dispute Resolution
      1. Arbitration: If we cannot resolve a Dispute as set forth in Section C.3(a) within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section C.3(b). If we cannot resolve an Excluded Dispute as set forth in Section C.3(a) within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and Tokr consent, in a writing signed by you and an Officer or legal representative of Tokr, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section C.3(b).

        Upon expiration of the applicable sixty-day period and to the fullest extent not prohibited by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Tokr elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will be bound by these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. If you and Tokr do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section C.3(b)(i), then this paragraph and the remainder of this Section C.3(b) will not apply to the Excluded Dispute.

        If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Tokr consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for a the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.

        You can obtain AAA and JAMS procedures, rules, and fee information as follows:

        AAA: 800.778.7879
        JAMS: 800.352.5267
      2. Nature, Limitations, and Location of Alternative Dispute Resolution: In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief. HOWEVER, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Tokr to pay a greater portion or all of such fees and costs in order for this Section C.3 to be enforceable, then Tokr will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act. This arbitration provision shall survive termination of these Terms or the Service.
    3. Injunctive Relief: The foregoing provisions of this Section C.3 will not apply to any legal action taken by Tokr or you to seek an injunction or other equitable relief in connection with, any potential loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your breach of these Terms of applicable Additional Terms and/or Tokr’s intellectual property rights (including such Tokr may claim that may be in dispute), Tokr’s operations, and/or Tokr’s products or services; provided however, your rights are subject to Waiver of Certain Injunctive or Other Equitable Relief
    4. No Class Action Matters and Jury Waiver: Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND TOKR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There shall be no right or authority for any Dispute, or Excluded Dispute, to be determined on a class action basis or on any basis involving Disputes, or Excluded Disputes, brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section C.3(b) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section C.3(e). As permitted by applicable law, the parties each waive any right to trial by jury. Notwithstanding any other provision of this Section C.3, any and all issues relating to the scope, interpretation and enforceability of this Section C.3(d), including the class action and jury waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
    5. Federal and State Courts in Denver County, Colorado: Except to the extent that arbitration is required in Section C.3(b), and except as to the enforcement of any arbitration decision or award, to the extent permitted by applicable law, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Denver County, Colorado. Accordingly, you and Tokr consent to the exclusive personal jurisdiction and venue of such courts for such matters. The court will apply the laws of Colorado without regard to conflict of law provisions that might apply other laws.
    6. Small Claims Matters Are Excluded From Arbitration Requirement: Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section C.3(d) and (e).
  4. Disclaimer of Representations and Warranties
    AS PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. Therefore, to the fullest extent permissible by applicable law, Tokr, LLC and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Tokr Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, the Service (including the Content and the UGC), including without limitation:
    1. the functions, features, or any other elements on, or made accessible through, the Service;
    2. any Content, products, services, or instructions offered, referenced, or linked through the Service;
    3. security associated with your Account, UGC, or other data or information;
    4. whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
    5. whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
    6. whether any defects to or errors on the Service will be repaired or corrected;
    7. whether the Service will be compatible with any other specific hardware, software or service;
    8. whether your access to the Service will be uninterrupted;
    9. whether the Service will be available at any particular time or location; and
    10. whether your use of the Service is lawful in any particular jurisdiction.
    EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A TOKR PARTY, AS PERMITTED BY APPLICABLE LAW, TOKR PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

    The warranty limitations in this Section are not intended to limit any express warranties from applicable product manufacturers of physical products sold by Tokr itself via the Service, or any express warranties by Tokr that are included in applicable Additional Terms, or your remedies required under applicable law to be available to you for personal injury claims arising out of product liability, or which are otherwise not waivable under applicable law.
  5. Limitations of our Liability
    AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY TOKR PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES, for any indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Service (including the Content and the UGC), including without limitation:
    1. your use of or inability to use the Service, or the performance of the Service;
    2. any action taken in connection with an investigation by Tokr Parties or law enforcement authorities regarding your access to or use of the Service;
    3. any action taken in connection with copyright or other intellectual property owners or other rights owners;
    4. any errors or omissions in the Service’s technical operation or security or any compromise or loss of your user-generated content or other data or information; or
    5. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Tokr Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

      EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOKR PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TOKR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY TOKR OR A MANUFACTURER OF A PHYSICAL PRODUCT.

      The liability limitations in this Section are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Service, or any express warranties by Tokr that are included in applicable Additional Terms, or your remedies required under applicable law to be available to you for personal injury claims arising out of product liability, or which are otherwise not waivable under applicable law.
    6. Waiver of Certain Injunctive or Other Equitable Relief
      AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY TOKR (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF TOKR. HOWEVER, SUCH SHALL NOT LIMIT YOUR ABILITY TO SEEK OTHER EQUITABLE RELIEF, SUBJECT TO THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS.
    7. Indemnity
      As permitted by applicable law, you agree to, and you hereby, defend (if we request), indemnify, and hold Tokr Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Tokr Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Tokr Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy and applicable Additional Terms (“Claims and Losses”). You will cooperate as fully required by Tokr Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Tokr Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Tokr Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Tokr Party. This section is not intended to limit any causes of action against us that you may have that are not waivable under applicable law.

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D. Standard Terms and Conditions

Welcome! You have arrived at [URL] and/or are otherwise interacting with our Service (defined below), which is owned and operated by Tokr, LLC (collectively, “Tokr,” “we,” “our,” or “us”). These Standard Terms and Conditions set forth various commercial terms and conditions related to your use of the Service, including updates to the Terms.

These Standard Terms and Conditions are part of the master Terms of Use (the “Terms”) for any online service location (e.g., website or mobile app) that posts a link to these Terms (“Site”) (including both mobile and online versions), as well as your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through a Site, and/or that post or link to these Terms (collectively, with the Site, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. The Terms also include the following additional terms you should read, and to which you agree by using the Service: A. Rights and Responsibilities Terms; B. Accounts and Features Terms; C. Infringement and Disputes Terms, and any Additional Terms posted on applicable portions of the Service.

  1. Updates to Terms
    These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms, and any applicable Additional Terms, each time you use the Service (at least prior to each transaction or submission). Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account and the email you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Service and related services.
  2. Sales of Products and Services
    We sell to Service users our commercial platform usage rights to Retailers. From time-to-time as our Service evolves, we may sell users other products or services, such as premium services for Consumers. We are not responsible in any way for the offers or sales from or by Retailers. We do our best to accurately describe every product or service we ourselves offer on this Service. However, as permitted by applicable law, we do not warrant that specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of products or services offered for sale directly from us (e.g., Retailer commercial usage rights), we shall have the right to refuse or cancel any orders in its sole discretion. Your orders via the Service are offers to purchase subject to our confirmation of acceptance and applicable Additional Terms, and subject to subsequent cancelation by us. If we charged your credit card or other account prior to cancellation or acceptance and we do not accept, we will reissue credit to your account. If a product or service you purchased from us is not as described, your sole remedy is to return it to cancel the purchase and receive a credit for the purchase price, subject to applicable Additional Terms. If you have issues with products or services you purchase from Retailer or other Third-Party Services, you must look to those third parties, and not us, for redress. However, we do want to hear about Consumer dissatisfaction with Retailers, so you can bring complaints to our attention here.
  3. General Provisions
    1. Tokr’s Consent or Approval: As to any provision in these Terms, or applicable Additional Terms, that grants Tokr a right of consent or approval, or permits Tokr to exercise a right in its “sole discretion,” Tokr may exercise that right in its sole and absolute discretion. No Tokr consent or approval may be deemed to have been granted by Tokr without being in writing and signed by an officer of Tokr.
    2. Applicable Law: These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Colorado, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
    3. Operation of Service; Availability of Products and Services; International Issues: Tokr controls and operates the Service from its U.S.-based offices in the U.S.A., and we make no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms, or Additional Terms, or to any sale of goods carried out as a result of your use of the Service.
    4. Export Controls: Software related to or made available by the Service may be subject to export controls of the U.S.A. that prohibit software from the Service from being downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed (e.g. Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (i) – (iii) above.
    5. Severability; Interpretation: If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms (which will remain in full force and effect). To the extent not prohibited by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any applicable Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
    6. Electronic Communications and Contracting: When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Service it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Service, other than to read the Terms (or Additional Terms) and Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you.
    7. Investigations; Cooperation with Law Enforcement; Termination; Survival: You agree that Tokr shall, as permitted by applicable law, have the right, without limitation and without any obligation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms or any potential harm to our users or third parties, (iii) use and/or disclose any information obtained by Tokr in connection with the forgoing or to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in connection with any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any applicable Additional Terms, suspend or terminate your access to it, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to Tokr under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Tokr, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Tokr in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.
    8. Assignment: Tokr may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Tokr.
    9. Complete Agreement; No Waiver: These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Services. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Tokr in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms, or applicable Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
    10. California Consumer Rights and Notices: California residents can obtain information on our privacy practices, including how we comply with the California Shine the Light Act in our Privacy Policy.
      Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.

      Any California residents under the age of eighteen (18) who have registered to use the Service, and who have publically posted content or information on the Service, can request that their posting (but not third-party posts) be removed from public view on the Service by contacting us at the email or address set forth in Section B.5 making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
    11. Devices and Connectivity: We do not warrant that the software provided by Tokr to utilize the Service or any other software used in connection with the Service will be compatible with other third-party software nor do we warrant that operation of the Service and the associated software will not damage or disrupt other software or hardware. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the Service and/or the Tokr software.

      By using the Service, you agree that Tokr may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.). For instance, our App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings of your Device, for reasons such as showing you the location of things or people near you; saving App images, sound files and writing usage logs to the Device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for App operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing the App or otherwise using the Service. Your Device settings may enable you to disable, change or limit some of these activities, and you can disable the App by uninstalling the App.

      You must be connected to the Internet for the entire time you are using the Service, the cost and provisions of which is your responsibility. The quality of the display of the Content may vary from Device to Device, and may be affected by a variety of factors, such as your Device, your location, the bandwidth available through and/or speed of your Internet connection. Tokr makes no representations or warranties about the quality of your Service experience on your Device or the ability of any Device to access or display the Content. In order to stream or download Content, your equipment must meet certain system requirements, including but not limited to having high-speed Internet access. Any issues related to the Service and/or the Tokr software, including any system requirements, are covered and limited by this Agreement. Please refer to the Disclaimer of Representations and Warranties set forth in these Terms at Section C.4 and Limitations of Our Liability provisions set forth in these Terms at Section C.5.
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