These Terms of Use (the "Terms") constitute a binding agreement between you and Token Clothing Company, LLC ("Token Clothing Company" "we," or "us") with respect to your use of our website available at www.tokenclothingco.com, our social media pages and accounts, and our mobile applications (collectively, the "Site"). These Terms also apply to the services available on and through the Site (the "Services"). You must be at least 18 years of age to access and use the Site and Services.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICES.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF THE “ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER” SECTION BELOW.

1. CHANGES TO TERMS

We may revise and update these Terms from time to time at our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site and Services thereafter. Your continued use of the Site and Services following the posting of revised Terms means that you accept and agree to the changes.

2. SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, Token Clothing Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the "Content").

You agree not to:

• except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without the express written permission of Token Clothing Company;
• collect information from the Site using an automated software tool or manually on a mass basis;
• use automated means to access the Site, or gain unauthorized access to the Site or Services or to any account or computer system connected to the Site;
• obtain, or attempt to obtain, access to areas of the Site, Services or our systems that are not intended for access by you;
• "flood" the Site with requests or otherwise overburden, disrupt, or harm the Site, Services, or our systems;
• send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
• provide, and you will not use Token Clothing Company to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
• use the Site or Services to promote or operate any service or content without Token Clothing Company’s prior written consent;
• restrict or inhibit other users from accessing or using the Site or Services;
• modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Services or Content; or
• access or use the Site, Services, or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms of Use.

3. OWNERSHIP

The Site, the Services and the Content are owned by Token Clothing Company and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Token Clothing Company and its licensors. You acknowledge and agree that, as between you and Token Clothing Company, Token Clothing Company is and shall remain the sole owner of the Site and the Content (except User Content (as defined in Section 6 below)), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

4. ACCOUNT REGISTRATION AND SECURITY

Access to and use of the Site and/or Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Token Clothing Company of any unauthorized use of your account, or any other breach of security. Token Clothing Company is not liable for any loss or damage arising from your failure to protect your username or password.

5. PRIVACY POLICY

Registration data and other personally identifiable information that the Site may collect is subject to, and treated in accordance with, the terms of Token Clothing Company’s Privacy Policy.

6. USER CONTENT

Certain features of the Site or Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, "post") user-generated Content ("User Content") and interact with others through user comment areas, message boards, direct messages, our blog, and similar user-to-user areas. You may not post any User Content that:

• is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy rights or right of publicity, or otherwise objectionable;
• constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
• infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
• constitutes or encourages criminal conduct;
• contains false, misleading, fraudulent, or deceptive claims or content;
• gives the impression that it emanates from or is endorsed by Jane or any other person or entity, if this is not the case; or
• contains any virus, malware, spyware, or other harmful content or code.

Rights You Grant to Us. You hereby grant to Token Clothing Company an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on the Site for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called "rental rights," "moral rights," and all rights of "droit moral" in your User Content, even if your User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Token Clothing Company that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

No Responsibility. You acknowledge and agree that you are solely responsible for your User Content, and that Token Clothing Company is not responsible for, and does not endorse, any User Content.

No Obligation to Prescreen, Monitor or Use. Token Clothing Company does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on the Site. However, Token Clothing Company retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on the Site. Token Clothing Company has no obligation to retain or provide you with copies of your User Content, nor does Token Clothing Company  guarantee any confidentiality with respect to your User Content. Token Clothing Company has the right (but not the obligation), at Token Clothing Company’s sole discretion, to refuse to publish, remove, or block access to any User Content, at any time and for any reason, with or without notice.

No Confidential or Proprietary Submissions. While we appreciate your interest in the Site and our business, Token Clothing Company does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Token Clothing Company might seem to others to be similar to users' own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly set forth in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.

7. THIRD-PARTY MATERIALS, GOODS AND SERVICES

The Site or Services may display, include, or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that Token Clothing Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Token Clothing Company does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Goods and services of third parties, including food and other perishable items, may be advertised and/or made available on or through the Site. Token Clothing Company is not responsible for examining or evaluating, and Token Clothing Company does not warrant the offerings of any of these third parties. Token Clothing Company does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Token Clothing Company is not responsible or liable for your transactions, dealings or interactions with third parties.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold Token Clothing Company and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "Token Clothing Company Entities") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Site, the Services, and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Token Clothing Company. 

9. DISCLAIMERS

THE SITE, SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TOKEN CLOTHING COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE TOKEN CLOTHING COMPANY ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, SERVICES, OR ANY CONTENT, NOR DO THE TOKEN CLOTHING COMPANY ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SERVICES, OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE TOKEN CLOTHING COMPANY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE OR ANY SERVICE.

IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE.

THE TOKEN CLOTHING COMPANY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE TOKEN CLOTHING COMPANY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE.

10. RESERVATION OF RIGHTS

Token Clothing Company reserves all of Token Clothing Company’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Token Clothing Company may have in and to the Site, the Content, and goods and Services that may be provided on or through the Site. Other than as set forth in these Terms, the use of Token Clothing Company’s rights and property requires Token Clothing Company’s prior written consent. By making services available to you, Token Clothing Company is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site or Services without Token Clothing Company’'s prior written consent.

11. CHANGES; SUSPENSION AND TERMINATION

Changes to the Site. Token Clothing Company reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Services or Content) at any time. You agree that Token Clothing Company will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access. Token Clothing Company has the right to deny access to, and to suspend or terminate your access to, the Site or the Services, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. 

12. ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER

Please read this section carefully. It impacts the rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This “Arbitration; Jury Waiver; Class Action Waiver” section survives any expiration or earlier termination of these Terms.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and Token Clothing Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Site, the Services, the Content, or the breach, enforcement, interpretation, or validity of this Agreement ("Claim"), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.

For purposes of this section, notices must be sent as follows:

• If to Token Clothing Company: to Token Clothing Company LLC, Attn: Legal/Compliance, 637 W. Sanford St., Idaho Falls, Idaho 83402, with a copy emailed to admin@tokenclothingco.com
• If to Customer: to your last-used billing address or the billing and/or shipping address listed in your membership account

Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Claim. You and Token Clothing Company each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

13. MISCELLANEOUS

Geographic Restrictions. Token Clothing Company is based in the State of Idaho in the United States. Token Clothing Company makes no claims that the Site, Services or Content are accessible or appropriate outside of the United States. Access to and use of the Site or Services may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

If you have any questions about the Site, Services or these Terms, please contact us at support@tokenclothingco.com

Last updated August 15, 2022