Privacy Notice
Privacy Notice
TOKÁHE PRIVACY NOTICE
Last Modified: May 30, 2024
Privacy Notice
This Privacy Notice Agreement (“Privacy Notice”) describes how Tokáhe (“Tokáhe,” “we,” “our,” or “us”) processes, uses and shares the personal information (defined below) that it receives or collects from visitors to the Tokáhe website (“Website”), mobile applications, and social media accounts (hereinafter all collectively referred to as “Sites”).
Scope of this Privacy Policy
This Privacy Notice applies to information collected while visiting our Sites, and personal information that you provide through the Sites. This Privacy Notice does not cover information collected by any other company, a third-party site or third-party application that may link to, or that can be accessed from, any of our Sites.
By visiting our Sites or providing your personal information to us (whether via one of our Sites, by email or other written communication, in person or over the phone), you acknowledge and agree to our practices described below. If you have questions or comments about this Privacy Notice or our use of your personal information, please contact us at info@tokahedistribution.com.
Changes to This Privacy Policy
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
When and How Do We Collect Personal Information
Personal information means any information about an individual from which that individual may be identified (“Personal Information”). Personal Information includes obvious things, like your name, telephone number, email address, and street address, as well as less obvious things like your IP address, device ID and location information. Personal Information does not, however, include information from which the identity of an individual has been definitively removed (also known as anonymous or anonymized data).
We collect Personal Information directly from you when you provide it to us, such as when you take any action while visiting our Sites or otherwise communicate with us, verbally or in writing. We also may collect information indirectly through automated technologies, such as cookies, from third parties, or public records.
Types of Personal Information We Collect
Personal Information You Provide
We collect Personal Information that you provide voluntarily through our Sites. The Personal Information you provide to us may include some or all the following:
● Your contact information, e.g., your name, address, phone number, and email address;
● Interests and preferences that you provide to us when requesting information;
● Resumé or other employment-related data that you provide to us in connection with employment recruiting, as further explained below; and
● Any other Personal Information that you voluntarily choose to provide to us.
Personal Information We Collect Automatically
We collect certain information automatically from your device. Our web servers log some technical information automatically. Accordingly, Personal Information that we collect automatically may include information like your Internet Service Provider, IP address, device type, unique device identification number, browser type, broad geographic location (e.g., country or city-level location) and other technical information.
We may also collect information about how your device has interacted with our Sites, including the pages accessed and links clicked. Although this information may be considered Personal Information under applicable laws, we do not append or associate it with any Personal Information you may choose to provide.
Some of this information may be collected using cookies and similar tracking technology, as explained further in our Cookie Notice Section below. We may also collect Personal Information through third-party sources, such as public records and recruitment agencies or entities.
Personal Information Collected for Recruiting Purposes
We may collect information from and about potential candidates in connection with employment opportunities at Tokáhe. This information may include name and contact information, resumé, academic records, employment history, and references. This information may be passed to the relevant individual involved in the recruiting process in order to assess next steps. We may also collect further information from you as you move along in the recruiting process.
Why We Use Personal Information
Below are the general purposes for which we may use your Personal Information:
● Communicating with you;
● Responding to your general inquiries;
● In the case of recruiting, evaluating whether you may be a match;
● Complying with our legal and regulatory obligations, including for the prevention of fraud, or to protect the rights of third parties;
● Complying with our risk management obligations; and
● Conducting statistical analyses;
Disclosure Information
We may disclose your Personal Information to those of our personnel who need to process Personal Information as described above. In addition, we may disclose your Personal Information to the third parties indicated below (and for the following reasons):
● Companies that do things to help us provide the Sites;
● Professional service providers; and
● Governments, regulators, law enforcement and fraud prevention agencies, but only as authorized as explained below.
We may disclose your Personal Information: (a) when we have a good faith belief it is required by law, such as pursuant to a subpoena, warrant or other judicial or administrative order (as further explained below); (b) to protect the safety of any person; (c) to protect the safety or security of our Sites or to prevent spam, abuse, or other malicious activity of actors on our Sites; or (d) to protect our rights or property or the rights or property of those who use our Sites.
We do not sell your Personal Information.
Tracking Disclosure
Tokáhe tracks users’ use of the Sites but does not track users across third-party websites. We do not respond to Do Not Track (“DNT”) signals.
Changing Your Information and Choices
If you would like us to stop using your Personal Information, or if you want to change Personal Information you previously have provided to us via the Sites, please contact us at info@tokahe.com [JJ1] [JJ2] and we will comply to the extent required and allowed by applicable laws.
Links to Other Websites
Our Sites may link to websites maintained by outside organizations. Please be aware that these third-party websites are governed by their own privacy policies and do not fall within this Privacy Notice. Tokáhe is not responsible for the content or policies maintained by these websites. Please familiarize yourself with the privacy policy or notice of any third-party website you visit, as it will govern any information you submit through that website.
Social Plugins
We may use social plugins on our Sites and may include icons that allow you to interact with third-party social networks such as LinkedIn, Instagram, Whatsapp, Twitter, Ticktok and Facebook. The third-party social plugin may set a cookie when your browser creates a connection to the servers of such social networks and the plugin may transmit your Personal Information to the social networks. Your use of these social plugins is subject to the privacy policies of the third-party social networks.
Children
Our Sites are not intended for individuals under the age of twenty-one (21).
How Long Do We Keep Your Personal Information
Your Personal Information is processed for the period necessary to fulfill the purposes for which it is collected. We may also retain your information until you ask us to delete it.
In accordance with our routine record keeping, we may also delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all your information from our databases without some residual data because of backups and other reasons.
Protecting Your Personal information
We use certain reasonable security measures to help protect your personal information or other information which we may obtain from your use of the Sites. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us or other information which we may obtain from your use of the Sites, and you use the Sites and provide us with your information at your own risk.
How to Contact Us About Privacy
If you have any questions about this Privacy Notice, have additional questions, or would like to exercise any of your rights if you are in the European Economic Area, please contact us at info@tokahedistribution.com. You may also write to:
6030 Sturgeon Lake Rd., Welch, MN 55089
California Residents
California residents may have certain rights regarding our collection and use of Personal Information under the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), and other California privacy laws. For purposes of this “California Residents” Section (“Section”) the terms “Personal Information” and “Sensitive Personal Information” have the same meanings as defined under Cal. Civ. Code 1798.140(v) and (ae). To the extent that any other provision of this Privacy Policy conflicts with a provision of this Section, the provision in this Section controls as to California residents.
You understand that we are we providing this section of the Privacy Notice to California residents for informational purposes only, and as a courtesy to you. Nothing contained in this Privacy Notice shall be construed as us consenting to the application of California law to our Sites, nor to the jurisdiction of the state of California over Tokáhe, or any of its parents, affiliates, directors, officers, employees, contractors, agents or assigns.
Collection and Purposes for Use of Personal Information
This section describes, for the past twelve months preceding the date this Privacy Policy was updated, (i) the categories of Personal Information collected and (ii) the business or commercial purpose(s) for which the Personal Information will be used. This section also serves as Notice at Collection of Personal Information.
Most of the categories of information described below are collected in connection with your use of the Sites. We do not sell your Personal Information. We do not share the Personal Information of California residents with third parties for cross-context behavioral advertising. We do not use or disclose Sensitive Personal Information other than for authorized business purposes. We or our service providers may collect the below categories of information for the purposes described in the Why We Use Personal Information Section above.
We may also use the information we collect for compliance with applicable laws and regulations or may combine the information we collect (“Aggregate”) or remove pieces of Personal Information (“De-Identify”) to limit or prevent identification of any particular user or device.
We will retain Personal Information for so long as necessary to accomplish the purpose for which it was collected. We may retain such Personal Information longer where so required by any applicable law.
Your Rights and Choices
If you are a California resident, you may have certain rights. California law may permit you to request that we:
● Provide you the categories of personal information we have collected or disclosed about you in the last twelve (12) months;
● Provide access to or a copy of certain information we hold about you; and
● Delete certain information we have about you.
You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. YOU WILL BE REQUIRED TO VERIFY YOUR IDENTITY BEFORE WE FULFILL ANY REQUEST. To designate an authorized agent to make a request on your behalf, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
Certain information may be exempt from such requests under applicable law. For instance, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) for certain reasons. These reasons include (just to name a few):
● Completing the transaction for which the personal information was collected;
● Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible for such activities;
● Debugging products to identify and repair errors that impair existing intended functionality;
● Complying with a legal obligation; and
● Making other internal and lawful uses of that information that are compatible with the context in which you provided it.
If you would like to exercise any of these rights, please submit a request by contacting us by email at info@tokahe.com. We endeavor to respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of the verifiable Consumer’s request. If applicable, the response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. If a request or series of requests are manifestly unfounded or excessive, we may charge a reasonable fee for processing the request(s) or may refuse to process the request(s).
Questions About CCPA
If you have any questions regarding this CCPA Notice, please contact us at info@tokahe.com [JJ3]
Cookie Notice
Tokáhe uses cookies and similar technologies on its Sites. You can find out about cookies and how to control them in the information below. This cookie notice (“Cookie Notice”) explains how we use cookies in connection with the Sites and your related choices.
If you do not accept the use of these cookies, please disable them by following the instructions in this Cookie Notice. This may affect your ability to use the Sites.
What Are Cookies, Generally?
Like most websites, we use cookies. Cookies do many different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience.
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. When you visit, access or use the Sites, we may – by means of cookies, beacons, tags, scripts, or similar technologies – automatically collect technical information. A cookie can generally be classified by its lifespan and the domain to which it belongs.
By lifespan, a cookie is either a session cookie, which is erased when the user closes the browser; or a persistent cookie, which remains on the user’s computer or device for a pre-defined period of time.
Generally speaking, there are two types of domains to which cookies belong:
● First-party cookies are set by the web server of the visited page and share the same domain as the visited page; or
● Third-party cookies are stored by a different domain than the visited page’s domain. This can happen when, for example, our Sites references a file, such as JavaScript, located outside its domain.
How and Why We Use Cookies
The cookies that we use are essential to the proper functioning of the Sites and cannot be switched off in our system. These are known as “strictly necessary” cookies, and this includes cookies that capture and store users’ preferences, account settings, and certain login information (mainly for convenience, user verification, and account security). These cookies typically are set in response to actions made by you, such as a request for access to our Sites, setting your privacy preferences, logging in or filling in forms.
On our Website, we may use the following cookies:
● Cookies (or browser cookies);
● Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly; and
● Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Disabling Cookies
You can set your browser to block or alert you about these cookies, but because the cookies that we use are essential, if you do block them, some parts of the Sites will not work.
Changes to this Cookie Notice
Tokáhe may update this Cookie Notice from time to time, at its sole discretion. If so, we will post an updated Cookie Notice on our Website. Changes, modifications, additions, or deletions will be effective immediately on their posting to the Website. We encourage you to review this Cookie Notice regularly for any changes. Your continued use of the Website or your continued provision of Personal Information to us after the posting of such notice will be subject to the terms of the then-current Privacy Notice and Cookie Notice. If you continue to use the Website, you will be deemed to have accepted the change.
Sovereign Status
Tokáhe is a tribally chartered corporation and Tribal Entity of the Prairie Island Indian Community (“Tribe”), a federally recognized sovereign Indian tribe located within the boundaries of the United States. As a Tribal Entity, Tokáhe shares in the immunities and privileges of the Tribe. Nothing in this Privacy Notice shall be construed as a waiver or abrogation of any such immunity or privilege, nor shall it be construed as consent to the jurisdiction of any state.
TOKÁHE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE BROWSING, DOWNLOADING, OR USING ANY INFORMATION, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR ANY OTHER MATERIALS ON THE TOKÁHE SITES, OR PLACING ANY ORDERS FOR TOKÁHE PRODUCTS. BY ACCESSING THE TOKÁHE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT YOU AGREE TO BE LEGALLY BOUND THEM WITHOUT EXCEPTION. IF YOU ARE ACCESSING THE SITES ON BEHALF OF ANY OTHER PERSON, COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT THIRD-PARTY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, INCLUDING ANY MODIFICATION HEREOF, THEN YOU MAY NOT ACCESS ANY PART OF THE TOKÁHE SITES.
Definitions. For the purpose of these Terms of Use, all capitalized terms shall have the following meanings:
“Tokáhe” “we,” “us” and “our” means Prairie Island 316, Inc., dba Tokáhe, a tribally chartered corporation and Tribal Entity of the Prairie Island Indian Community, a federally recognized Indian tribe.
“Applicable Law” means the laws, regulations, and rules of the governmental or regulatory authorities that apply to the User or Tokáhe.
“Content” means any information, data, text, images, video, audio or any other materials available from Sites.
“Damaged” means the product that is defective or non-conforming with applicable regulations required for product to enter commerce.
“Intellectual Property” means all rights to and in, or otherwise relating to the Tokáhe brand, Sites, Content, products, services and other content, including but not limited to any current or pending copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, product offering, concepts, and/or other images, texts, or graphics related to the Sites, Content, products, services and other content, as well as the text, graphics, programming, photographs, video and audio contained therein.
“Privacy Notice” means Tokáhe’s notice to Users regarding the collection, protection and use of certain User data through the Sites, available at https://www.tokahedistribution.com/toc-privacy-policy and incorporated herein.
“Prairie Island Indian Community” or “Tribe” means the federally recognized sovereign Indian Tribe located on the Prairie Island Indian reservation.
“User Content” means any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, communication, data, content or materials transmitted, emailed, posted, uploaded or otherwise shared by a User when accessing or using the Sites.
“User” “you” and “your” means the person accessing the Sites, including any person, entity or company that the person is accessing the Sites on behalf of.
“Terms of Use” or “Terms” means the terms and conditions governing access and use of the Sites, including these Terms and the Privacy Notice, and any changes, additions or modifications made to any such Terms or Privacy Notice.
“Sites” means the website located at tokahedistribution.com as well as any and all other applications, platforms, and social media profiles, owned or operated by, for, or on behalf of Tokáhe, including each of their respective mobile applications, together with the Content contained in, or otherwise made accessible through, the Sites. For the purposes of Section 7 herein, the definition of Sites shall include third-party sites contracted by Tokáhe to offer certain services, such as ordering Tokáhe products, unless otherwise specified therein.
General Use.
Overview and Binding Effect. By accessing the Sites you agree to be bound by these Terms and any modification that we may make to the Terms from time to time.
Eligibility. You represent and warrant that you are either twenty-one (21) years of age or older, or, you are eighteen (18) years of age or older and you have a valid medical marijuana registration card, and that you have the capacity to agree to be legally bound by these Terms. Certain parts of the Sites, including the ability to purchase Tokáhe products, may be subject in whole or in part to other eligibility requirements. As such, you may be asked to verify that you meet the heightened other eligibility requirements during your use of the Sites and services, and you hereby agree that you shall not misrepresent your age or other eligibility.
Modifications to Sites and Terms. We may change these Terms, including modifying, adding, or deleting any provision or condition at any time, with or without notice to the User. Any such changes shall take effect immediately when posted. Your use of the Sites after such posting shall be deemed to constitute acceptance of such modifications, additions or deletions. It is your responsibility to check the Sites to ensure you have read and understand the current Terms. We may also change or discontinue any aspect of the Sites, Content, product or service at any time, without or without notifying you, and explicitly disclaim any liability for any such change.
Available Only Where Permitted by Law. The products and services described on the Sites are only offered within the Tribe’s jurisdiction, or, in other jurisdictions where they may be legally offered for sale. The Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to Applicable Law.
Use and Access Limitations.
Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to access and view the Sites and any Content to which you are permitted access, solely for your personal and noncommercial purposes, unless otherwise provided herein, and you may not reproduce, publish, transmit, distribute, display, perform, exhibit, modify, use to create derivative works, sell, resell or use in any sale, or exploit for in any way, in whole or in part, without our prior written consent. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property rights owned or controlled by us or our licensors, except for the limited licenses and permissions expressly granted in these Terms.
User Guidelines. When accessing the Sites, you agree (a) not to interfere with or disrupt the Sites or the servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected or otherwise related to the Sites; (b) not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Sites or Content; (c) not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; and (d) not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Sites or transmitting private information about a third party.
Contact Information. You may provide us with certain information such as your name, telephone number and e-mail by contacting us through the Sites. All such contact information shall be governed by our Privacy Notice available on at https://www.tokahedistribution.com/toc-privacy-policy.
Applicable Laws. Your use of the Sites shall be subject to and governed by the laws of the Tribe, to which you unequivocally consent. To the extent that your Use of the Sites is additionally subject to certain laws, regulations, and rules of governmental or regulatory authorities in your jurisdiction, you understand and agree that you may also be bound by those laws. By agreeing to these Terms, you agree to act in compliance with and be legally bound by any and all Applicable Law.
Right to Deny Access and Terminate Sites. You have no inherent right to access the Sites or services. We reserve the right to refuse access to the Sites by any User for any reason and at any time, and to terminate the Sites and discontinue the services or products.
User Content.
Limited License. Other than certain personally identifiable information and other data that is subject to specific protections in our Privacy Notice, User Content will be considered non-confidential and non-proprietary. By submitting or making available any User Content through or on the Sites, including any written or verbal communications with us regarding our Sites, Content, services, or products, you hereby grant to Tokáhe a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content to promote or market our Sites, Content, or any other products or services. Tokáhe does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You understand and agree that we shall be under no obligation (a) to maintain any User Content in confidence; (b) to pay compensation for any User Content; or (c) respond to any specific requests or use any User Content.
Warranty Regarding User Content. You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content, or you have all rights, licenses, consents and releases that are necessary to grant to Tokáhe the rights in such User Content as contemplated under these Terms; (b) the User Content does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of property, publicity or privacy, or result in the violation of any Applicable Law; (c) the User Content contains no information or claims you know to be false, misleading or inaccurate; (d) the User Content contains no blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; and (e) the User Content does not advocate, instruct, or intend to incite dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them, advocate or incite violent behavior, or poses a reasonable threat to personal or public safety.
Prohibited Conduct. In addition to other prohibitions as set forth in these Terms, you are prohibited from transmitting any User Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Applicable Law; (d) to infringe upon or violate our Intellectual Property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites, Content, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) to interfere with or circumvent the security features of the Sites or any related applications or services, other websites, or the Internet.
Ownership. All User Content or other content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted in these Terms.
Disclaimer. We take no responsibility and assume no liability for any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content. We may, but have no obligation to, monitor, edit or remove User Content that may be posted to the Sites or other forums regarding the Sites, Content or any other Tokáhe product or service that we determine in our sole discretion violate these Terms or is otherwise objectionable.
Tokáhe Intellectual Property.
Affirmation of Rights. Unless otherwise indicated by us, all Intellectual Property is the property of Tokáhe or our licensors, vendors, or suppliers, and is protected by applicable intellectual property laws. Your use of the Sites does not grant you any rights or licenses relating to the Intellectual Property except as may be otherwise expressly provided for in the Terms. Any unauthorized use of any such information or materials may violate patent laws, copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, and we reserve the right to seek all remedies available by law and in equity for any such unauthorized use.
Reservation of Rights. You acknowledge that any other use of the Sites or Content from the Sites is strictly prohibited and you agree not to infringe or enable others to infringe our Intellectual Property rights. You further agree to retain all copyrighted and other proprietary notices contained in the material provided via the Sites on any copy you make of the Content, but failing to do so shall not prejudice any intellectual property rights therein. Any rights not expressly granted herein to use the Content contained on or through the Sites are reserved by Tokáhe in full. You additionally agree to indemnify and hold harmless Tokáhe for any and all claim, dispute, damage or liability related to or arising under your use of the Intellectual Property, whether or not authorized under these Terms.
Third Party Tools and Links.
As Is. We may provide you with access to third-party tools through the Sites which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind, and without any endorsement with respect to their use.
Third-Party Content. Certain Content may include materials from third parties, or links that direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the quality or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any such materials, products, or services of third-parties.
Third-Party Services. Certain services may be made available through the Sites, such as the ability to purchase goods or services, by third-party sites and organizations. By using any product, service or functionality originating from the Sites domains, or from a third-party domain accessible through the Sites or otherwise shared with you via electronic means, you hereby acknowledge and consent that we may share such information and data with any third-party with whom we have a contractual relationship to provide the requested product, service or functionality.
Express Disclaimer. We shall have no liability whatsoever arising from or relating to the use of third-party links, tools, or services. Any use of third-party tools, links, or services offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those tools or links are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase of any course, product, services, resources, content, or any other transactions made in connection with any third-party tools, links, websites, services or products. Complaints, claims, concerns, or questions regarding third-party tools, links and materials should be directed to the relevant third-party provider(s).
Wholesale Purchases.
Licensed Required. Only Users with a valid, verifiable license permitting the purchase of Tokáhe products in accordance with Applicable Law shall be eligible to purchase products through the Sites. We reserve the right to ask for proof of valid license at any time. We are prohibited from making any sales to Users without a valid, verifiable license, and should you fail to provide proof of such license at any time, we may report your non-compliance to the applicable governing authority.
Geographic Restrictions. Only Users within the geographic boundaries of the State of Minnesota, including tribal lands located therein, are eligible to purchase Tokáhe products.
Accounts and Registrations. To purchase our products, you must register for an account through the Site or third-party service. When you register for an account, you will be required to provide us with some information such as name, address, email address, billing, licensing information, contact and shipping information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account, and for any of personal accounts used in in association with your account or orders made from the Sites, such as email.
Placing Orders. Eligible Users may be given access to an electronic menu of Tokáhe products available for wholesale purchase. Orders are placed by selecting products form the electronic menu and clicking the button indicated to transmit the order, which may include identifying text such as “checkout” or “place order”. When you click to transmit your order, you are making an irrevocable offer to purchase the products in your order. Purchase and sale of products are subject to product availability. We make no guaranty that all products will be available for purchase in the quantities and prices requested in your order. We specifically disclaim all liability for any claims or costs incurred for lack of product inventory, including any inaccuracies on the electronic menu. We will confirm your order, which shall include the shipping and payment details, by sending an invoice by email. You shall have the right to reject an order confirmation in two (2) business days by email if the order does not accurately reflect what you want to purchase or otherwise comply with these terms.
Pick-up and Delivery. Details for receiving the order shall be set forth in the confirmation invoice. Parties may agree to pick-up or delivery of the products as set forth in the confirmation invoice. Title and risk of loss shall be transferred to the customer upon delivery or pick-up at Tokáhe. All deliveries and pick-ups shall be conducted in accordance with Applicable Law, which may require additional licensing, documentation, and regulatory procedures. We reserve the right to refuse to make any delivery or allow any pick-up that is not in accordance with Applicable Law, with or without cancelling your order, and in our sole discretion and disclaim all costs and liabilities that may be associated with such cancellation.
Acceptance of Products. Products will be deemed accepted unless they are rejected within twenty-four (24) hours of receipt. Products can only be rejected if the products are (a) Damaged, or (b) do not confirm with the invoice in type or quantity. To reject the products, you must provide us written notice that includes the reason for rejection by email. If you reject the products, and only to the extent permitted under Applicable Law, we may, in our sole discretion either (a) accept the return of the Damaged or non-confirming Products and replace them with an equivalent product, or (b) refund the purchase price for the non-confirming or Damaged Products. Seller shall not accept returns for any other reason. You shall not knowingly sell, market, distribute or use for any purpose, or knowingly permit any third party to sell, market, distribute or use for any purpose, any products which are rejected or which are known to be Damaged or defective.
Payment. Payment shall be made prior to delivery or upon pick-up in accordance with the terms of the invoice.
Purchase for Retail Only. You understand that we are in the business of wholesale distribution to licensed business retailers. By placing an order, you warrant that you are purchasing the products for licensed retail sales to individual customers only, and that you shall not resell the products to any other distributor, retailer, or business party without our express written consent. Users are not eligible to purchase the products for their own personal consumption.
Reservation of Rights. There are various circumstances under which your order may be declined or cancelled, in full or in part, before or after your order has been confirmed. We reserve the right, in our sole discretion, to cancel or decline to deliver or allow pick-up of your order for any reasonable motive, and hereby expressly and fully disclaim any cost and liability for such decision. If we cancel your order, we will refund any monies paid for the order.
Warranties. THE PRODUCTS SOLD PURSUANT TO THESE TERMS ARE PURCHASED BY THE BUYER “AS IS” AND “WITH ALL FAULTS” AND SELLER DOES NOT PROVIDE ANY WARRANTY FOR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTIES THAT THE PRODUCTS ARE OF MERCHANTABLE QUALITY OR THAT THE PRODUCTS CAN BE USED FOR ANY PARTICULAR PURPOSE.
Additional Terms and Conditions. Additional terms and conditions may apply to specific portions or features of the Sites, including contests, promotions, or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions that may apply to the Sites. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.
Errors. Occasionally there may be Content that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or modify, discontinue, or cancel any products or services offered, including prices, at any time with or without prior notice. We undertake no obligation to update, amend or clarify Content or the Sites.
Disclaimers.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT ANY CONTENT, INCLUDING ANY INFORMATION ON PRODUCTS OR OTHER SERVICES WILL MEET YOUR EXPECTATIONS OR THE DESCRIPTIONS ON THE SITES, NOR THAT ANY CONTENT IS ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
THE SITES, CONTENT AND PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
THE SITES DO NOT PROVIDE MEDICAL ADVICE. NOTHING STATED OR POSTED ON THE SITES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITES AND CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITES AND CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE SITES. YOU REPRESENT TO US (WHICH REPRESENTATION SHALL BE DEEMED TO BE MADE EACH TIME YOU ACCESS ANY OF THE SITES) THAT YOU ARE NOT USING THE SITES FOR THE PURPOSE OF SEEKING MEDICAL ATTENTION. WE SPECIFICALLY DISCLAIM ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK, PERSONAL OR OTHERWISE, THAT IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OR CONTENTS OF THE SITES.
Indemnification. You agree to indemnify and hold harmless Tokáhe, its parents, affiliates, subsidiaries, directors, managers, members, officers, employees, contractors, agents and assigns from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to (a) your use of the Sites, including your transmission of User Content; (b) breach of these Terms; (c) your violation of any third party right, including without limitation any Intellectual Property right or privacy right; and (d) any third-party claims related to the authorized resale of any products purchased. This indemnity shall apply to your successors and assigns and shall survive any modification or termination these Terms or the Sites. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein.
Limitations on Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TOKÁHE, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ACCESS OR USE OF THE SITES, INCLUDING ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITES OR CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TOKAHE OR ANY FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TOKAHE OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SITES OR CONTENT, YOU ACKNOWLEDGE THAT TOKÁHE HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH SITES OR CONTENT, AND THAT IF ANY OF THE FOREGOING LIMITATIONS IN THESE TERMS OF USE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT TOKÁHE’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE SITES OR CONTENT, (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED $100.
Sovereign Status. You understand that Tokáhe is a tribally chartered corporation and Tribal Entity of the Prairie Island Indian Community, a federally recognized sovereign Indian tribe located within the boundaries of the United States. As a Tribal Entity, Tokáhe shares in the immunities and privileges of the Tribe, including immunity from unconsented suit. Nothing in these Terms shall be construed as a waiver or abrogation of any such immunity or privilege, nor shall it be construed as consent to the jurisdiction of any state.
Governing Law and Tribal Court. Any and all disputes, claims and controversies arising out of or in connection with these Terms shall be governed by, and construed exclusively in accordance with the laws of the Tribe without giving effect to its conflict of laws provisions. You understand and agree that by accessing and using the Sites, you are entering into a consensual relationship with a Tribal Entity within the jurisdiction of the Prairie Island Indian Community reservation boundaries, and that any breach of these Terms would directly affect the economic security and welfare of the Tribe. By accessing the Sites, you expressly consent and submit to the jurisdiction of the Mdewakanton Dakota Tribal Court. You FURHTER AGREE that ANy cLAiM shaLL BE BROUGHT IN AN individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Miscellaneous. These Terms are effective unless and until terminated by us. If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we may terminate these Terms as they apply to you, and you will remain liable for all actions or omissions taken prior to that termination date. These Terms, including the Privacy Notice constitute the entire agreement between you and us with respect to the access and use of the Sites, provided however, if we agree to modify these terms or add additional terms in relation to purchasing products in a signed writing, they shall be read in conjunction with these Terms. A signed writing is the only way to modify or add terms. The provisions of these Terms are for the benefit of the Tokáhe, its affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The terms, covenants and conditions contained in this Agreement shall bind and inure to the benefit of the Parties their respective permitted successors and permitted assigns. If any part of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these terms will remain binding. The section headings used herein are for convenience only and shall not be given any legal import.
Contact. Communication regarding these Terms should be sent to us at legal@tokahedistribution.com, or by mail to Tokáhe, 16720 200th E , Hastings MN 55033.
TOKÁHE PRIVACY NOTICE
Last Modified: May 30, 2024
Privacy Notice
This Privacy Notice Agreement (“Privacy Notice”) describes how Tokáhe (“Tokáhe,” “we,” “our,” or “us”) processes, uses and shares the personal information (defined below) that it receives or collects from visitors to the Tokáhe website (“Website”), mobile applications, and social media accounts (hereinafter all collectively referred to as “Sites”).
Scope of this Privacy Policy
This Privacy Notice applies to information collected while visiting our Sites, and personal information that you provide through the Sites. This Privacy Notice does not cover information collected by any other company, a third-party site or third-party application that may link to, or that can be accessed from, any of our Sites.
By visiting our Sites or providing your personal information to us (whether via one of our Sites, by email or other written communication, in person or over the phone), you acknowledge and agree to our practices described below. If you have questions or comments about this Privacy Notice or our use of your personal information, please contact us at info@tokahedistribution.com.
Changes to This Privacy Policy
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
When and How Do We Collect Personal Information
Personal information means any information about an individual from which that individual may be identified (“Personal Information”). Personal Information includes obvious things, like your name, telephone number, email address, and street address, as well as less obvious things like your IP address, device ID and location information. Personal Information does not, however, include information from which the identity of an individual has been definitively removed (also known as anonymous or anonymized data).
We collect Personal Information directly from you when you provide it to us, such as when you take any action while visiting our Sites or otherwise communicate with us, verbally or in writing. We also may collect information indirectly through automated technologies, such as cookies, from third parties, or public records.
Types of Personal Information We Collect
Personal Information You Provide
We collect Personal Information that you provide voluntarily through our Sites. The Personal Information you provide to us may include some or all the following:
● Your contact information, e.g., your name, address, phone number, and email address;
● Interests and preferences that you provide to us when requesting information;
● Resumé or other employment-related data that you provide to us in connection with employment recruiting, as further explained below; and
● Any other Personal Information that you voluntarily choose to provide to us.
Personal Information We Collect Automatically
We collect certain information automatically from your device. Our web servers log some technical information automatically. Accordingly, Personal Information that we collect automatically may include information like your Internet Service Provider, IP address, device type, unique device identification number, browser type, broad geographic location (e.g., country or city-level location) and other technical information.
We may also collect information about how your device has interacted with our Sites, including the pages accessed and links clicked. Although this information may be considered Personal Information under applicable laws, we do not append or associate it with any Personal Information you may choose to provide.
Some of this information may be collected using cookies and similar tracking technology, as explained further in our Cookie Notice Section below. We may also collect Personal Information through third-party sources, such as public records and recruitment agencies or entities.
Personal Information Collected for Recruiting Purposes
We may collect information from and about potential candidates in connection with employment opportunities at Tokáhe. This information may include name and contact information, resumé, academic records, employment history, and references. This information may be passed to the relevant individual involved in the recruiting process in order to assess next steps. We may also collect further information from you as you move along in the recruiting process.
Why We Use Personal Information
Below are the general purposes for which we may use your Personal Information:
● Communicating with you;
● Responding to your general inquiries;
● In the case of recruiting, evaluating whether you may be a match;
● Complying with our legal and regulatory obligations, including for the prevention of fraud, or to protect the rights of third parties;
● Complying with our risk management obligations; and
● Conducting statistical analyses;
Disclosure Information
We may disclose your Personal Information to those of our personnel who need to process Personal Information as described above. In addition, we may disclose your Personal Information to the third parties indicated below (and for the following reasons):
● Companies that do things to help us provide the Sites;
● Professional service providers; and
● Governments, regulators, law enforcement and fraud prevention agencies, but only as authorized as explained below.
We may disclose your Personal Information: (a) when we have a good faith belief it is required by law, such as pursuant to a subpoena, warrant or other judicial or administrative order (as further explained below); (b) to protect the safety of any person; (c) to protect the safety or security of our Sites or to prevent spam, abuse, or other malicious activity of actors on our Sites; or (d) to protect our rights or property or the rights or property of those who use our Sites.
We do not sell your Personal Information.
Tracking Disclosure
Tokáhe tracks users’ use of the Sites but does not track users across third-party websites. We do not respond to Do Not Track (“DNT”) signals.
Changing Your Information and Choices
If you would like us to stop using your Personal Information, or if you want to change Personal Information you previously have provided to us via the Sites, please contact us at info@tokahe.com [JJ1] [JJ2] and we will comply to the extent required and allowed by applicable laws.
Links to Other Websites
Our Sites may link to websites maintained by outside organizations. Please be aware that these third-party websites are governed by their own privacy policies and do not fall within this Privacy Notice. Tokáhe is not responsible for the content or policies maintained by these websites. Please familiarize yourself with the privacy policy or notice of any third-party website you visit, as it will govern any information you submit through that website.
Social Plugins
We may use social plugins on our Sites and may include icons that allow you to interact with third-party social networks such as LinkedIn, Instagram, Whatsapp, Twitter, Ticktok and Facebook. The third-party social plugin may set a cookie when your browser creates a connection to the servers of such social networks and the plugin may transmit your Personal Information to the social networks. Your use of these social plugins is subject to the privacy policies of the third-party social networks.
Children
Our Sites are not intended for individuals under the age of twenty-one (21).
How Long Do We Keep Your Personal Information
Your Personal Information is processed for the period necessary to fulfill the purposes for which it is collected. We may also retain your information until you ask us to delete it.
In accordance with our routine record keeping, we may also delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all your information from our databases without some residual data because of backups and other reasons.
Protecting Your Personal information
We use certain reasonable security measures to help protect your personal information or other information which we may obtain from your use of the Sites. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us or other information which we may obtain from your use of the Sites, and you use the Sites and provide us with your information at your own risk.
How to Contact Us About Privacy
If you have any questions about this Privacy Notice, have additional questions, or would like to exercise any of your rights if you are in the European Economic Area, please contact us at info@tokahedistribution.com. You may also write to:
6030 Sturgeon Lake Rd., Welch, MN 55089
California Residents
California residents may have certain rights regarding our collection and use of Personal Information under the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), and other California privacy laws. For purposes of this “California Residents” Section (“Section”) the terms “Personal Information” and “Sensitive Personal Information” have the same meanings as defined under Cal. Civ. Code 1798.140(v) and (ae). To the extent that any other provision of this Privacy Policy conflicts with a provision of this Section, the provision in this Section controls as to California residents.
You understand that we are we providing this section of the Privacy Notice to California residents for informational purposes only, and as a courtesy to you. Nothing contained in this Privacy Notice shall be construed as us consenting to the application of California law to our Sites, nor to the jurisdiction of the state of California over Tokáhe, or any of its parents, affiliates, directors, officers, employees, contractors, agents or assigns.
Collection and Purposes for Use of Personal Information
This section describes, for the past twelve months preceding the date this Privacy Policy was updated, (i) the categories of Personal Information collected and (ii) the business or commercial purpose(s) for which the Personal Information will be used. This section also serves as Notice at Collection of Personal Information.
Most of the categories of information described below are collected in connection with your use of the Sites. We do not sell your Personal Information. We do not share the Personal Information of California residents with third parties for cross-context behavioral advertising. We do not use or disclose Sensitive Personal Information other than for authorized business purposes. We or our service providers may collect the below categories of information for the purposes described in the Why We Use Personal Information Section above.
We may also use the information we collect for compliance with applicable laws and regulations or may combine the information we collect (“Aggregate”) or remove pieces of Personal Information (“De-Identify”) to limit or prevent identification of any particular user or device.
We will retain Personal Information for so long as necessary to accomplish the purpose for which it was collected. We may retain such Personal Information longer where so required by any applicable law.
Your Rights and Choices
If you are a California resident, you may have certain rights. California law may permit you to request that we:
● Provide you the categories of personal information we have collected or disclosed about you in the last twelve (12) months;
● Provide access to or a copy of certain information we hold about you; and
● Delete certain information we have about you.
You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. YOU WILL BE REQUIRED TO VERIFY YOUR IDENTITY BEFORE WE FULFILL ANY REQUEST. To designate an authorized agent to make a request on your behalf, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
Certain information may be exempt from such requests under applicable law. For instance, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) for certain reasons. These reasons include (just to name a few):
● Completing the transaction for which the personal information was collected;
● Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible for such activities;
● Debugging products to identify and repair errors that impair existing intended functionality;
● Complying with a legal obligation; and
● Making other internal and lawful uses of that information that are compatible with the context in which you provided it.
If you would like to exercise any of these rights, please submit a request by contacting us by email at info@tokahe.com. We endeavor to respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of the verifiable Consumer’s request. If applicable, the response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. If a request or series of requests are manifestly unfounded or excessive, we may charge a reasonable fee for processing the request(s) or may refuse to process the request(s).
Questions About CCPA
If you have any questions regarding this CCPA Notice, please contact us at info@tokahe.com [JJ3]
Cookie Notice
Tokáhe uses cookies and similar technologies on its Sites. You can find out about cookies and how to control them in the information below. This cookie notice (“Cookie Notice”) explains how we use cookies in connection with the Sites and your related choices.
If you do not accept the use of these cookies, please disable them by following the instructions in this Cookie Notice. This may affect your ability to use the Sites.
What Are Cookies, Generally?
Like most websites, we use cookies. Cookies do many different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience.
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. When you visit, access or use the Sites, we may – by means of cookies, beacons, tags, scripts, or similar technologies – automatically collect technical information. A cookie can generally be classified by its lifespan and the domain to which it belongs.
By lifespan, a cookie is either a session cookie, which is erased when the user closes the browser; or a persistent cookie, which remains on the user’s computer or device for a pre-defined period of time.
Generally speaking, there are two types of domains to which cookies belong:
● First-party cookies are set by the web server of the visited page and share the same domain as the visited page; or
● Third-party cookies are stored by a different domain than the visited page’s domain. This can happen when, for example, our Sites references a file, such as JavaScript, located outside its domain.
How and Why We Use Cookies
The cookies that we use are essential to the proper functioning of the Sites and cannot be switched off in our system. These are known as “strictly necessary” cookies, and this includes cookies that capture and store users’ preferences, account settings, and certain login information (mainly for convenience, user verification, and account security). These cookies typically are set in response to actions made by you, such as a request for access to our Sites, setting your privacy preferences, logging in or filling in forms.
On our Website, we may use the following cookies:
● Cookies (or browser cookies);
● Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly; and
● Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Disabling Cookies
You can set your browser to block or alert you about these cookies, but because the cookies that we use are essential, if you do block them, some parts of the Sites will not work.
Changes to this Cookie Notice
Tokáhe may update this Cookie Notice from time to time, at its sole discretion. If so, we will post an updated Cookie Notice on our Website. Changes, modifications, additions, or deletions will be effective immediately on their posting to the Website. We encourage you to review this Cookie Notice regularly for any changes. Your continued use of the Website or your continued provision of Personal Information to us after the posting of such notice will be subject to the terms of the then-current Privacy Notice and Cookie Notice. If you continue to use the Website, you will be deemed to have accepted the change.
Sovereign Status
Tokáhe is a tribally chartered corporation and Tribal Entity of the Prairie Island Indian Community (“Tribe”), a federally recognized sovereign Indian tribe located within the boundaries of the United States. As a Tribal Entity, Tokáhe shares in the immunities and privileges of the Tribe. Nothing in this Privacy Notice shall be construed as a waiver or abrogation of any such immunity or privilege, nor shall it be construed as consent to the jurisdiction of any state.
TOKÁHE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE BROWSING, DOWNLOADING, OR USING ANY INFORMATION, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR ANY OTHER MATERIALS ON THE TOKÁHE SITES, OR PLACING ANY ORDERS FOR TOKÁHE PRODUCTS. BY ACCESSING THE TOKÁHE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT YOU AGREE TO BE LEGALLY BOUND THEM WITHOUT EXCEPTION. IF YOU ARE ACCESSING THE SITES ON BEHALF OF ANY OTHER PERSON, COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT THIRD-PARTY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, INCLUDING ANY MODIFICATION HEREOF, THEN YOU MAY NOT ACCESS ANY PART OF THE TOKÁHE SITES.
Definitions. For the purpose of these Terms of Use, all capitalized terms shall have the following meanings:
“Tokáhe” “we,” “us” and “our” means Prairie Island 316, Inc., dba Tokáhe, a tribally chartered corporation and Tribal Entity of the Prairie Island Indian Community, a federally recognized Indian tribe.
“Applicable Law” means the laws, regulations, and rules of the governmental or regulatory authorities that apply to the User or Tokáhe.
“Content” means any information, data, text, images, video, audio or any other materials available from Sites.
“Damaged” means the product that is defective or non-conforming with applicable regulations required for product to enter commerce.
“Intellectual Property” means all rights to and in, or otherwise relating to the Tokáhe brand, Sites, Content, products, services and other content, including but not limited to any current or pending copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, product offering, concepts, and/or other images, texts, or graphics related to the Sites, Content, products, services and other content, as well as the text, graphics, programming, photographs, video and audio contained therein.
“Privacy Notice” means Tokáhe’s notice to Users regarding the collection, protection and use of certain User data through the Sites, available at https://www.tokahedistribution.com/toc-privacy-policy and incorporated herein.
“Prairie Island Indian Community” or “Tribe” means the federally recognized sovereign Indian Tribe located on the Prairie Island Indian reservation.
“User Content” means any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, communication, data, content or materials transmitted, emailed, posted, uploaded or otherwise shared by a User when accessing or using the Sites.
“User” “you” and “your” means the person accessing the Sites, including any person, entity or company that the person is accessing the Sites on behalf of.
“Terms of Use” or “Terms” means the terms and conditions governing access and use of the Sites, including these Terms and the Privacy Notice, and any changes, additions or modifications made to any such Terms or Privacy Notice.
“Sites” means the website located at tokahedistribution.com as well as any and all other applications, platforms, and social media profiles, owned or operated by, for, or on behalf of Tokáhe, including each of their respective mobile applications, together with the Content contained in, or otherwise made accessible through, the Sites. For the purposes of Section 7 herein, the definition of Sites shall include third-party sites contracted by Tokáhe to offer certain services, such as ordering Tokáhe products, unless otherwise specified therein.
General Use.
Overview and Binding Effect. By accessing the Sites you agree to be bound by these Terms and any modification that we may make to the Terms from time to time.
Eligibility. You represent and warrant that you are either twenty-one (21) years of age or older, or, you are eighteen (18) years of age or older and you have a valid medical marijuana registration card, and that you have the capacity to agree to be legally bound by these Terms. Certain parts of the Sites, including the ability to purchase Tokáhe products, may be subject in whole or in part to other eligibility requirements. As such, you may be asked to verify that you meet the heightened other eligibility requirements during your use of the Sites and services, and you hereby agree that you shall not misrepresent your age or other eligibility.
Modifications to Sites and Terms. We may change these Terms, including modifying, adding, or deleting any provision or condition at any time, with or without notice to the User. Any such changes shall take effect immediately when posted. Your use of the Sites after such posting shall be deemed to constitute acceptance of such modifications, additions or deletions. It is your responsibility to check the Sites to ensure you have read and understand the current Terms. We may also change or discontinue any aspect of the Sites, Content, product or service at any time, without or without notifying you, and explicitly disclaim any liability for any such change.
Available Only Where Permitted by Law. The products and services described on the Sites are only offered within the Tribe’s jurisdiction, or, in other jurisdictions where they may be legally offered for sale. The Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to Applicable Law.
Use and Access Limitations.
Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to access and view the Sites and any Content to which you are permitted access, solely for your personal and noncommercial purposes, unless otherwise provided herein, and you may not reproduce, publish, transmit, distribute, display, perform, exhibit, modify, use to create derivative works, sell, resell or use in any sale, or exploit for in any way, in whole or in part, without our prior written consent. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property rights owned or controlled by us or our licensors, except for the limited licenses and permissions expressly granted in these Terms.
User Guidelines. When accessing the Sites, you agree (a) not to interfere with or disrupt the Sites or the servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected or otherwise related to the Sites; (b) not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Sites or Content; (c) not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; and (d) not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Sites or transmitting private information about a third party.
Contact Information. You may provide us with certain information such as your name, telephone number and e-mail by contacting us through the Sites. All such contact information shall be governed by our Privacy Notice available on at https://www.tokahedistribution.com/toc-privacy-policy.
Applicable Laws. Your use of the Sites shall be subject to and governed by the laws of the Tribe, to which you unequivocally consent. To the extent that your Use of the Sites is additionally subject to certain laws, regulations, and rules of governmental or regulatory authorities in your jurisdiction, you understand and agree that you may also be bound by those laws. By agreeing to these Terms, you agree to act in compliance with and be legally bound by any and all Applicable Law.
Right to Deny Access and Terminate Sites. You have no inherent right to access the Sites or services. We reserve the right to refuse access to the Sites by any User for any reason and at any time, and to terminate the Sites and discontinue the services or products.
User Content.
Limited License. Other than certain personally identifiable information and other data that is subject to specific protections in our Privacy Notice, User Content will be considered non-confidential and non-proprietary. By submitting or making available any User Content through or on the Sites, including any written or verbal communications with us regarding our Sites, Content, services, or products, you hereby grant to Tokáhe a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content to promote or market our Sites, Content, or any other products or services. Tokáhe does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You understand and agree that we shall be under no obligation (a) to maintain any User Content in confidence; (b) to pay compensation for any User Content; or (c) respond to any specific requests or use any User Content.
Warranty Regarding User Content. You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content, or you have all rights, licenses, consents and releases that are necessary to grant to Tokáhe the rights in such User Content as contemplated under these Terms; (b) the User Content does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of property, publicity or privacy, or result in the violation of any Applicable Law; (c) the User Content contains no information or claims you know to be false, misleading or inaccurate; (d) the User Content contains no blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; and (e) the User Content does not advocate, instruct, or intend to incite dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them, advocate or incite violent behavior, or poses a reasonable threat to personal or public safety.
Prohibited Conduct. In addition to other prohibitions as set forth in these Terms, you are prohibited from transmitting any User Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Applicable Law; (d) to infringe upon or violate our Intellectual Property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites, Content, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) to interfere with or circumvent the security features of the Sites or any related applications or services, other websites, or the Internet.
Ownership. All User Content or other content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted in these Terms.
Disclaimer. We take no responsibility and assume no liability for any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content. We may, but have no obligation to, monitor, edit or remove User Content that may be posted to the Sites or other forums regarding the Sites, Content or any other Tokáhe product or service that we determine in our sole discretion violate these Terms or is otherwise objectionable.
Tokáhe Intellectual Property.
Affirmation of Rights. Unless otherwise indicated by us, all Intellectual Property is the property of Tokáhe or our licensors, vendors, or suppliers, and is protected by applicable intellectual property laws. Your use of the Sites does not grant you any rights or licenses relating to the Intellectual Property except as may be otherwise expressly provided for in the Terms. Any unauthorized use of any such information or materials may violate patent laws, copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, and we reserve the right to seek all remedies available by law and in equity for any such unauthorized use.
Reservation of Rights. You acknowledge that any other use of the Sites or Content from the Sites is strictly prohibited and you agree not to infringe or enable others to infringe our Intellectual Property rights. You further agree to retain all copyrighted and other proprietary notices contained in the material provided via the Sites on any copy you make of the Content, but failing to do so shall not prejudice any intellectual property rights therein. Any rights not expressly granted herein to use the Content contained on or through the Sites are reserved by Tokáhe in full. You additionally agree to indemnify and hold harmless Tokáhe for any and all claim, dispute, damage or liability related to or arising under your use of the Intellectual Property, whether or not authorized under these Terms.
Third Party Tools and Links.
As Is. We may provide you with access to third-party tools through the Sites which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind, and without any endorsement with respect to their use.
Third-Party Content. Certain Content may include materials from third parties, or links that direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the quality or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any such materials, products, or services of third-parties.
Third-Party Services. Certain services may be made available through the Sites, such as the ability to purchase goods or services, by third-party sites and organizations. By using any product, service or functionality originating from the Sites domains, or from a third-party domain accessible through the Sites or otherwise shared with you via electronic means, you hereby acknowledge and consent that we may share such information and data with any third-party with whom we have a contractual relationship to provide the requested product, service or functionality.
Express Disclaimer. We shall have no liability whatsoever arising from or relating to the use of third-party links, tools, or services. Any use of third-party tools, links, or services offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those tools or links are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase of any course, product, services, resources, content, or any other transactions made in connection with any third-party tools, links, websites, services or products. Complaints, claims, concerns, or questions regarding third-party tools, links and materials should be directed to the relevant third-party provider(s).
Wholesale Purchases.
Licensed Required. Only Users with a valid, verifiable license permitting the purchase of Tokáhe products in accordance with Applicable Law shall be eligible to purchase products through the Sites. We reserve the right to ask for proof of valid license at any time. We are prohibited from making any sales to Users without a valid, verifiable license, and should you fail to provide proof of such license at any time, we may report your non-compliance to the applicable governing authority.
Geographic Restrictions. Only Users within the geographic boundaries of the State of Minnesota, including tribal lands located therein, are eligible to purchase Tokáhe products.
Accounts and Registrations. To purchase our products, you must register for an account through the Site or third-party service. When you register for an account, you will be required to provide us with some information such as name, address, email address, billing, licensing information, contact and shipping information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account, and for any of personal accounts used in in association with your account or orders made from the Sites, such as email.
Placing Orders. Eligible Users may be given access to an electronic menu of Tokáhe products available for wholesale purchase. Orders are placed by selecting products form the electronic menu and clicking the button indicated to transmit the order, which may include identifying text such as “checkout” or “place order”. When you click to transmit your order, you are making an irrevocable offer to purchase the products in your order. Purchase and sale of products are subject to product availability. We make no guaranty that all products will be available for purchase in the quantities and prices requested in your order. We specifically disclaim all liability for any claims or costs incurred for lack of product inventory, including any inaccuracies on the electronic menu. We will confirm your order, which shall include the shipping and payment details, by sending an invoice by email. You shall have the right to reject an order confirmation in two (2) business days by email if the order does not accurately reflect what you want to purchase or otherwise comply with these terms.
Pick-up and Delivery. Details for receiving the order shall be set forth in the confirmation invoice. Parties may agree to pick-up or delivery of the products as set forth in the confirmation invoice. Title and risk of loss shall be transferred to the customer upon delivery or pick-up at Tokáhe. All deliveries and pick-ups shall be conducted in accordance with Applicable Law, which may require additional licensing, documentation, and regulatory procedures. We reserve the right to refuse to make any delivery or allow any pick-up that is not in accordance with Applicable Law, with or without cancelling your order, and in our sole discretion and disclaim all costs and liabilities that may be associated with such cancellation.
Acceptance of Products. Products will be deemed accepted unless they are rejected within twenty-four (24) hours of receipt. Products can only be rejected if the products are (a) Damaged, or (b) do not confirm with the invoice in type or quantity. To reject the products, you must provide us written notice that includes the reason for rejection by email. If you reject the products, and only to the extent permitted under Applicable Law, we may, in our sole discretion either (a) accept the return of the Damaged or non-confirming Products and replace them with an equivalent product, or (b) refund the purchase price for the non-confirming or Damaged Products. Seller shall not accept returns for any other reason. You shall not knowingly sell, market, distribute or use for any purpose, or knowingly permit any third party to sell, market, distribute or use for any purpose, any products which are rejected or which are known to be Damaged or defective.
Payment. Payment shall be made prior to delivery or upon pick-up in accordance with the terms of the invoice.
Purchase for Retail Only. You understand that we are in the business of wholesale distribution to licensed business retailers. By placing an order, you warrant that you are purchasing the products for licensed retail sales to individual customers only, and that you shall not resell the products to any other distributor, retailer, or business party without our express written consent. Users are not eligible to purchase the products for their own personal consumption.
Reservation of Rights. There are various circumstances under which your order may be declined or cancelled, in full or in part, before or after your order has been confirmed. We reserve the right, in our sole discretion, to cancel or decline to deliver or allow pick-up of your order for any reasonable motive, and hereby expressly and fully disclaim any cost and liability for such decision. If we cancel your order, we will refund any monies paid for the order.
Warranties. THE PRODUCTS SOLD PURSUANT TO THESE TERMS ARE PURCHASED BY THE BUYER “AS IS” AND “WITH ALL FAULTS” AND SELLER DOES NOT PROVIDE ANY WARRANTY FOR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTIES THAT THE PRODUCTS ARE OF MERCHANTABLE QUALITY OR THAT THE PRODUCTS CAN BE USED FOR ANY PARTICULAR PURPOSE.
Additional Terms and Conditions. Additional terms and conditions may apply to specific portions or features of the Sites, including contests, promotions, or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions that may apply to the Sites. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.
Errors. Occasionally there may be Content that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or modify, discontinue, or cancel any products or services offered, including prices, at any time with or without prior notice. We undertake no obligation to update, amend or clarify Content or the Sites.
Disclaimers.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT ANY CONTENT, INCLUDING ANY INFORMATION ON PRODUCTS OR OTHER SERVICES WILL MEET YOUR EXPECTATIONS OR THE DESCRIPTIONS ON THE SITES, NOR THAT ANY CONTENT IS ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
THE SITES, CONTENT AND PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
THE SITES DO NOT PROVIDE MEDICAL ADVICE. NOTHING STATED OR POSTED ON THE SITES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITES AND CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITES AND CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE SITES. YOU REPRESENT TO US (WHICH REPRESENTATION SHALL BE DEEMED TO BE MADE EACH TIME YOU ACCESS ANY OF THE SITES) THAT YOU ARE NOT USING THE SITES FOR THE PURPOSE OF SEEKING MEDICAL ATTENTION. WE SPECIFICALLY DISCLAIM ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK, PERSONAL OR OTHERWISE, THAT IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OR CONTENTS OF THE SITES.
Indemnification. You agree to indemnify and hold harmless Tokáhe, its parents, affiliates, subsidiaries, directors, managers, members, officers, employees, contractors, agents and assigns from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to (a) your use of the Sites, including your transmission of User Content; (b) breach of these Terms; (c) your violation of any third party right, including without limitation any Intellectual Property right or privacy right; and (d) any third-party claims related to the authorized resale of any products purchased. This indemnity shall apply to your successors and assigns and shall survive any modification or termination these Terms or the Sites. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein.
Limitations on Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TOKÁHE, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ACCESS OR USE OF THE SITES, INCLUDING ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITES OR CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TOKAHE OR ANY FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TOKAHE OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SITES OR CONTENT, YOU ACKNOWLEDGE THAT TOKÁHE HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH SITES OR CONTENT, AND THAT IF ANY OF THE FOREGOING LIMITATIONS IN THESE TERMS OF USE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT TOKÁHE’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE SITES OR CONTENT, (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED $100.
Sovereign Status. You understand that Tokáhe is a tribally chartered corporation and Tribal Entity of the Prairie Island Indian Community, a federally recognized sovereign Indian tribe located within the boundaries of the United States. As a Tribal Entity, Tokáhe shares in the immunities and privileges of the Tribe, including immunity from unconsented suit. Nothing in these Terms shall be construed as a waiver or abrogation of any such immunity or privilege, nor shall it be construed as consent to the jurisdiction of any state.
Governing Law and Tribal Court. Any and all disputes, claims and controversies arising out of or in connection with these Terms shall be governed by, and construed exclusively in accordance with the laws of the Tribe without giving effect to its conflict of laws provisions. You understand and agree that by accessing and using the Sites, you are entering into a consensual relationship with a Tribal Entity within the jurisdiction of the Prairie Island Indian Community reservation boundaries, and that any breach of these Terms would directly affect the economic security and welfare of the Tribe. By accessing the Sites, you expressly consent and submit to the jurisdiction of the Mdewakanton Dakota Tribal Court. You FURHTER AGREE that ANy cLAiM shaLL BE BROUGHT IN AN individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Miscellaneous. These Terms are effective unless and until terminated by us. If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we may terminate these Terms as they apply to you, and you will remain liable for all actions or omissions taken prior to that termination date. These Terms, including the Privacy Notice constitute the entire agreement between you and us with respect to the access and use of the Sites, provided however, if we agree to modify these terms or add additional terms in relation to purchasing products in a signed writing, they shall be read in conjunction with these Terms. A signed writing is the only way to modify or add terms. The provisions of these Terms are for the benefit of the Tokáhe, its affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The terms, covenants and conditions contained in this Agreement shall bind and inure to the benefit of the Parties their respective permitted successors and permitted assigns. If any part of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these terms will remain binding. The section headings used herein are for convenience only and shall not be given any legal import.
Contact. Communication regarding these Terms should be sent to us at legal@tokahedistribution.com, or by mail to Tokáhe, 16720 200th E , Hastings MN 55033.