Shipping Information

Shipping Information

Our goal is to always provide the best service posible in our hands. We want to do it right, quick and expedite all of our orders in a timely manner.

Shop Cigars Now does not sell products to anyone under the age of 21.

Shop Cigars Now does not ship products to South Dakota and Utah.

We will provide an email with a confirmation and a tracking number for your order. Orders ship from our humidors located in Miami, FL.

Any additional charges will be noted at the time of checkout prior to submitting your order.

We currently do not ship outside the U.S. 

Only USPS Priority Mail is available for U.S. Military Locations (AA, AE & AP) and may incur addtional delivery times. Expedited shipping options might not be availble.

Shipping Processing Time

All In-Stock items ordered Monday through Friday by 1:00PM EST will ship same day with the exception of a National Holiday. Backordered items will ship as soon as we received them.

If any significant delay should occur on non backordered items, we will contact and inform you via Email or Phone.

Shipping time is estimated and not guaranteed unless provided by the carrier. Shop Cigars Now cannot be held responsible for delays, carrier errors or other delays out of our control.

Orders going to Alaska, Hawaii, PO Boxes, APO, & FPO address will be sent via USPS Priority Mail only and may incur additional delivery times. 

Shop Cigars Now is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim. If you believe your package is lost or stolen, please contact the carrier directly and dispute a case with them. 

Shipping Options

Saver:

$8.99

UPS Ground:

$10.99

Priority mail:

$11.99

UPS 3 Day Delivery:

$12.99

UPS 2nd Day Air

$16.99

UPS Overnight Air:

$28.99

USPS Express Mail

$28.99

UPS Saturday Delivery

$45.99 

Additional Shipping Information 

  • Vape products, including but not limited to e-cigarette devices, e-liquids or gels, can only be shipped by USPS.
  • We do not ship Vape products to TX, CA, VA, NC, MA, MN, WA, IN, KS, MI, MT, NY, RI, UT, OR or KY.
  • In compliance with state laws, codes and regulations, we no longer ship any Flavored Tobacco or Vape Products to Massachusetts or Washington, DC addresses.
  • Little Cigars and Filtered Cigars can only be shipped by USPS.
  • California and Delaware require adult signature for package delivery.
  • Flammable/hazardous items must be shipped UPS Ground.
  • UPS business days do NOT include Saturdays, Sundays, or holidays.
  • USPS business days do NOT include Sundays or holidays.
  • All shipments Freight on Board (FOB) Burlington, NC. Risk of loss is on the Purchaser during transport and shipment. Title to, and ownership of all goods passes from Seller to the Purchaser in Burlington, North Carolina, and the Purchaser takes all responsibility for the shipment. By arranging for transportation of the goods, Seller is providing a service to, and acting on behalf of Purchaser. By utilizing this service from Seller, Purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of the goods. The Purchaser represents that he/she is of lawful age and has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of the goods and is legally entitled to take quantities ordered.
  • After three unsuccessful delivery attempts, UPS will return your package to us. All return freight charges will be passed on to the consumer.

 

Signature Required

Shipments to the following states that contain tobacco must ship signature required: Delaware, California, South Dakota. All "Signature Required" shipments have an additional fee included in the displayed shipping price.

 

Oversized & Heavy Weight Items

(e.g. Humidors & some ashtrays)

These items may incur an additional charge. The charges will be calculated during order processing and customer will be notified.

Oversized All shipments going to Alaska, Hawaii, Guam, Virgin Islands, Puerto Rico or any U.S. Territory/possession may also incur additional delivery time.

Delivery may not be available to PO Boxes, APO/FPO, and US Territories for certain items. Driver will deliver to the shipping address, but is not required to assist in moving the oversized item into the building, or with setup/unpacking.

HAZMAT items

Due to FAA regulations, expedited services are not available. These items will ship via UPS  and may incur additional delivery times.

Amount must be less than 1000 ml for Butane.

 

State Restrictions

California

While we require all purchasers to be over 21 years of age, California’s Senate Bill 39 requires us to: 

• Confirm your delivery of tobacco products by telephone call after 5PM (PT) the day prior to shipment
• Obtain the signature of a person 21 years of age or order before completing the delivery

Note, in order to comply with this restriction, we are unable to ship to a PO Box or offer certain shipping methods to California.

Colorado

Shipments to Colorado residents are subject to Total Retail Delivery Fees of $0.27 per sale. 

Connecticut

Due to Connecticut State Regulations, we do not ship the following products to Connecticut addresses:

• Small Cigars (Weighing 3lb per 1000 or less)

Delaware

While we require all purchasers to be over 21 years of age, Delaware’s Title 30 Chapter 53 requires us to:

• Receive and store age verification documents in order to sell a tobacco product to you. We have partnered with Veratad Age and Identity Verification Solutions to safely and securely store your information. This is a one-time process and the information will only be used to comply with your state’s requirements. Obtain the signature of a person 21 years of age or order before completing the deliveryNote, in order to comply with this restriction, we are unable to ship to a PO Box or offer certain shipping methods to Delaware.

Maine

Due to Maine State Regulations, we do not ship the following products to Maine addresses:

• Cigars with Homogenized/HTL Wrappers
• Small Cigars (Weighing 3lb per 1000 or less)
• Pipe Tobacco

Maryland

Due to Maryland State Regulations, we do not ship the following products to Maryland addresses:
• Cigars with Homogenized/HTL Wrappers
• Small Cigars (Weighing 3lb per 1000 or less)

Massachusetts

Due to Massachusetts State Regulations, we do not ship any Flavored Tobacco products to Massachusetts addresses.

Montana

Due to Montana State Regulations, we do not ship the following products to Montana addresses:

• Filtered Cigars

Pennsylvania

Due to Pennsylvania State Regulations, we do not ship the following products to Pennsylvania addresses:

• Small Cigars (Weighing 4lb per 1000 or less) in carton packs, containing 20 to 25 sticks per pack.

Utah 

Due to Utah State Regulations, we do not ship any products to Utah addresses.

Utah regulation states: "It is Illegal to Buy Cigarettes/Tobacco Products by Internet, Phone, or Mail-Order. The sale and/or purchase of cigarette/tobacco products via the internet, phone, or by mail-order is prohibited, except to licensed persons. Distributors or wholesalers who sell cigarette or tobacco products into Utah must ascertain whether or not a person ordering the cigarette/tobacco products is licensed in the state." For more information: https://tax.utah.gov/tobacco/internet

South Dakota

Due to South Dakota State Regulations, we do not ship any products to South Dakota addresses.

South Dakota regulation states: "The shipment or transport of cigarettes or tobacco products to consumers in South Dakota is ILLEGAL under South Dakota law." For more information: https://dor.sd.gov/Taxes/Special_Taxes/Tobacco/General_Information.aspx

Vermont

Due to Vermont State Regulations, we do not ship the following products to Vermont addresses:

• Small Cigars (Weighing 4.5lb per 1000 or less)

Washington

Due to Washington State regulations, we cannot ship the following products to Washington addresses:

• Small Cigars (Weighing 3lb per 1000 or less)
• Pipe Tobacco

State Sales Tax

We are required to collect and remit sales tax in the following states. Remittance of any other state’s taxes is the responsibility of the purchaser.

  • Alabama
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Nebraska
  • New Jersey
  • New Mexico
  • New York
  • Nevada
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Vermont
  • Washington
  • Washington DC
  • West Virginia
  • Wisconsin
  • Wyoming

 

State Excise Tax

Excise Taxes

As you may know, certain states have recently begun to impose excise taxes on tobacco products sold by online retailers. Shop Cigars Now collects excise taxes on your purchases as required by law. Please note that such tobacco excise taxes are in addition to applicable sales or use taxes, if any. 

Maryland

Effective October 1, 2019, the State of Maryland will be imposing an Excise Tax on all tobacco products sold by online retailers to Maryland customers. See Maryland House Bill 1301. Please note that this excise tax is in addition to the Maryland sales/use tax already imposed on tobacco products sold to Maryland customers.

The Maryland Excise Tax rate will differ depending on the type of tobacco product sold:
- Premium cigars will be taxed at 15% of the wholesale price.
- Pipe tobacco will be taxed at 30% of the wholesale price.

For more details on the Maryland Excise Tax, review the law here

Michigan 

Effective January 1, 2022, the State of Michigan is imposing an excise tax on all cigars sold to Michigan customers. Cigars are taxed at 32% of the wholesale price, with a maximum excise tax of fifty cents ($.50) per cigar. 

For more details on the Michigan excise tax, please review here.

Ohio

Effective October 16, 2019, the State of Ohio will be imposing an Excise Tax on all tobacco products delivered to Ohio customers. See Ohio Code 5743.62 Please note that this excise tax is in addition to the Ohio use tax already imposed on tobacco products delivered to Ohio customers. 

The Ohio Excise Tax rate will differ depending on the type of tobacco product purchased:
- Most premium cigars (and all pipe tobacco) will be taxed at 17% of the wholesale price, with a maximum of fifty-eight cents ($.58) per premium cigar. 
- Most little cigars with a filter or tip will be taxed at 37% of the wholesale price.

For more details on the Ohio Excise Tax, review the law here. 

Pennsylvania

The Commonwealth of Pennsylvania imposes an Excise Tax on “small cigars” shipped to customers based in Pennsylvania. Specifically, small cigars weighing 4lb per 1000 or less, not in carton packs, and not containing 20 to 25 sticks per pack will be taxed at $0.13 per cigar. 

Please note, we cannot ship to Pennsylvania customers any small cigars weighing 4lb per 1000 or less packed in cartons that contain 20 to 25 sticks per pack.  

All Pennsylvania-based retailers are required to pay an excise tax on loose or pipe tobacco at the rate of 55 cents ($0.55) per ounce, with a minimum excise tax per package of 66 cents ($0.66). Rather than pass the entire tax on to our customers, we have decided to charge only 30 cents ($0.30) per ounce. As a courtesy to our customers, Thompson Cigar Company will pay the remaining 25 cents ($0.25) per ounce excise tax imposed by Pennsylvania. 

South Dakota

Effective January 1, 2022, the State of South Dakota is imposing an excise tax of 32% of the wholesale price on all cigars shipped to customers in South Dakota. SD continues to prohibit the shipping of all other tobacco products.

For more details on the South Dakota excise tax, please review here.

North Carolina 

Effective July 1, 2022, the State of North Carolina is imposing an excise tax on all cigars and pipe tobacco sold to North Carolina customers. Cigars are taxed at 12.80% of the wholesale price, with a maximum excise tax of thirty cents ($.30) per cigar. Pipe tobacco is taxed at 12.80% of the wholesale price. 

For more details on the North Carolina excise tax, please review here. 

Virginia

Effective July 1, 2022, the Commonwealth of Virginia is imposing an excise tax on all retail sales of cigars and pipe tobacco to Virginia customers. Cigars are taxed at 20% of the wholesale price, while pipe tobacco is taxed at 10% of the wholesale price.

For more details on the Virginia excise tax, please review here. 

Age Verification Process:

  1. When you attempt to purchase tobacco products on our website, you will be prompted to go through an age verification process powered by Token of Trust.
  2. Token of Trust is a third-party age verification service that will check your age and identity to ensure you meet the legal requirements to purchase tobacco products in your jurisdiction.
  3. To complete the age verification process, you may be required to provide some personal information, such as your name, date of birth, and government-issued ID information.
  4. Token of Trust will use this information to verify your age and identity against relevant databases and records. They may also use advanced algorithms and techniques to prevent fraud and identity theft.
  5. Your personal information will be securely handled and stored in accordance with Token of Trust's privacy policy and applicable data protection laws.
  6. If Token of Trust successfully verifies your eligibility, you will be able to proceed with your purchase on our website.
  7. If Token of Trust cannot verify your age and identity, you will not be allowed to purchase tobacco products on our website.

Privacy and Data Security:

  1. We take your privacy and data security seriously. Token of Trust is responsible for securely managing and storing the information you provide during the age verification process.
  2. Token of Trust follows strict data protection laws and industry best practices to ensure the confidentiality and security of your personal information.
  3. For more details on how Token of Trust handles your data, please refer to their privacy policy, which can be found on their website.

Additional Information:

  1. Please note that the age verification process is necessary to comply with legal requirements and to ensure that we do not sell tobacco products to individuals who are underage.
  2. If you have any concerns or questions regarding the age verification process or your personal information, please don't hesitate to contact our customer support team for assistance.

End User Terms Of Service

Customer’s Choices and Instructions

An organization or other third party that we refer to in these User Terms as “Customer” has invited you to sign up for a Token of Trust® account. This Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Customer to extend the service for you and others to use. Each individual granted access to use the System, including you, is an “Authorized User”.

When you use a Customer site or application (collectively, “Applications” or “App”), the Customer may ask for your permission to access your content on Token of Trust (“User Content”). In accordance with our Customer Contract, our agreement with that Customer application will control how Applications can use User Content. When an Authorized User grants permission for Applications to access User Content, you acknowledge and agree that any User Content stored by Customer is owned by Customer. Customer is therefore responsible for proper handling and management of Authorized User Data. You agree not to hold Token of Trust liable for Customer handling or mishandling of User Content.

The Relationship Between You, Customer and Us

AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. TOKEN OF TRUST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.

Account Activation and System Use

To use the System, you must sign up for an account through a Token of Trust® widget provided on a Customer website (“Widget”), through our Site, or through any portal we make available for sign-in.

In order to register with the system, you must permit Token of Trust® to access your identity data from an “identity source.” An “Identity Source” may be a participating third party platform (such as Facebook®, PayPal®, Google+®, or LinkedIn®), confirmed ownership of an email address or phone number, or supplied images of an identity document (such as a government-issued photo ID, passport, national ID card, or driver’s license) containing your credentials. After you create your Account, you may link additional additional identity sources to your Token of Trust. You must have valid, current credentials with each of the identity sources you link to your Token of Trust account and acknowledge that all information from those online platforms will be collected as described in our Privacy Policy. So long as you continue to use the System, you agree to the occasional collection of this information from your accounts with these third party online platforms.

The System is not intended to be used by anyone not able to form legally binding contracts (for example, if you are under 18 years old). By creating an Account, you are representing that (1) the information you submitted is accurate and truthful, (2) you are able to form legally binding contracts, (3) you are at least 18 years old, and (4) you meet all our eligibility requirements set forth in these Terms.

You are responsible for maintaining the credentials associated with your Account and are fully responsible for all activities that occur under your Account, including all activities accessed from online accounts you link to your Token of Trust® account. You must immediately notify us of any unauthorized use of your Account or any unauthorized use of third party platform accounts associated with your Account.

Closing Your Account

Deactivation. You may deactivate your Token of Trust® account at any time. When your Token of Trust® account is deactivated, your User Content is restricted from Customers. We may also deactivate our Service to you at any time, with or without cause.

Deletion. You may additionally request that we permanently erase your account and all personal data associated with it, including your communications from our Service. If you have chosen to erase your account, your account will be immediately “deactivated”. We will permanently delete the account and all the personal data associated with it within 30 days assuming there is no legal requirement or basis for retention beyond that time.

Intellectual Property

Use of the System. You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the Site, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.

All content included as part of the System, such as text, graphics, trademarks, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.

Feedback and Improvements. If you provide use any feedback, suggestions or ideas and comments on how we can improve the Site, System or its components (“Feedback”), you grant to us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use the Feedback for any purpose and without any obligation to compensate you.

Token of Trust® Reputation Report

As described above, once you have successfully registered a Token of Trust account, you will be deemed “connected” or have a “pending verification” from us. A registered Token of Trust account begins with the creation of a Reputation Report. Your Reputation Report is a collection results derived after analyzing data extracted from one or more Identity Sources you’ve permitted access to. Customers you’ve permitted to access your Reputation Report may use the Reputation Report to help inform Customer decisions. After your user content has been reviewed by our system and once our verification criteria are met, your status may change to include a variety of verification credentials (such as “online activity verified” or “real world verified.”) For each additional Identity Source you link to your Account through successfully signing in, you represent and warrant that you are the owner of the additional Identity Source. Once your Account has been created, your Reputation Report will be also be created. In order to create your Reputation Report, the System will evaluate, through our algorithms, what information is available through each account and will run that information against itself to create either a “Builder of Confidence” or a “Reason to be Careful.” In the event you want to limit others ability to review your Reputation Report, you may sign on to your Account through the Site.
We may provide you with the ability to contest or disclaim information contained in the Reputation Report by following the instructions provided by the System. You agree, however, that we do not have any obligation to update information in the Reputation Report following your inquiry and there is certain information contained in the Reputation Report that cannot be modified by us. In some cases, the only way to update your Reputation Report is through your conduct on the other online platforms linked to your Account at the time.

We do not independently investigate any information contained in the Reputation Reports and all information is generated by an algorithm and not reviewed prior to the creation of the Reputation Report. TOKEN OF TRUST DISCLAIMS ANY LIABILITY FOR RELIANCE ON INFORMATION CONTAINED IN REPUTATION REPORTS OR ANY SPECIFIC INFORMATION CONTAINED IN BUILDERS OF CONFIDENCE OR REASONS TO BE CAREFUL.

Payment for Additional Identity Verification

We may offer the ability for you to continue to build your Reputation Report by adding additional identity sources to your account, such as a driver’s license or passport, for a fee. We may utilize a third party to process all payment information, but by providing your payment information to us, you represent that you are the owner of the account with authority to make the required payment. If the payment is rejected, we may not offer you the ability to provide additional information and in the event we provide any additional services for a fee and you fail to continue to make payments, we may downgrade your account to the free level.

Foreign Transaction Fees. We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.

Authorized User Content on the System and Use of Reputation Reports

To the extent the System allows you to comment or otherwise post regarding content on the Site (“User Content”), you may not post User Content that:

Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;

Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; or inflammatory;

You know (or reasonably should know) is false, deceptive or misleading;

Contains information that could be used for identity theft purposes, such social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;

Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or

Violates any applicable local, state, national, or international law.

By posting User Content on the System, you are granting us a non–exclusive, worldwide, full paid–up and royalty–free, fully assignable, transferable and sub licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the System, you represent and warrant that the posting of your User Content does not violate these Terms of Service or applicable laws.

Token of Trust does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit or remove any User Content, in whole or in part, at our sole discretion.

UNDER NO CIRCUMSTANCES SHALL TOKEN OF TRUST OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what Authorized Users post and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal User Content on the System.

Reporting Suspicious Activity

Although we retain the right to investigate any suspicious activity using the System, and may involve law enforcement as described in our Privacy Policy, we do not have any obligation to investigate any suspicious activity reported using the “Report Abuse” link. In the event we do investigate any reported activity, we have, in our sole discretion, the ability to Deactivate your Account and prohibit you from using our System for any fraudulent or misleading activities on the System.

Links to Other Websites and Connecting through Social Media

The System may by hosted on a third party website as a Widget or contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the System or use of the System as a Widget on a third party website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

You may also be able to connect your Account to third party applications, such as Facebook and Twitter. By connecting through such third party account, you acknowledge and agree that you are consenting to the occasional release of information about you to others (in accordance with your privacy settings on those third party applications). If you do not want information to be shared, do not use those sites or that feature.

Indemnification

You agree to indemnify, defend and hold harmless Token of Trust, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications

Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your Authorized User preferences. There are certain system-generated notices that you cannot opt out of without deactivating your account.

You should be reminded that email and other forms of electronic communication may not necessarily be secure against interception. You agree to never send sensitive personal data (such as your Social Security number or images of ID Documents) to us via email or using forms of communication outside of our system.

Cooperation with Laws and Law Enforcement Requests

Token of Trust will cooperate with law enforcement authorities when required by applicable local laws. We may disclose to parties outside Token of Trust files stored on Token of Trust’s servers and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Token of Trust or its Authorized Users; or (d) to protect Token of Trust’s property rights.

Warranty and Limitation of Liability

TOKEN OF TRUST AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOKEN OF TRUST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOKEN OF TRUST AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOKEN OF TRUST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Local Laws; Export Control

We control and operate the Service from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the Service outside the United States of America, you are responsible for following applicable local laws. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Service, the Privacy Policy, and any legal notices on this System must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: “Intellectual Property,” “Indemnification,” “Cooperation with Laws and Law Enforcement Requests,” “Warranty and Limitation of Liability,” “Local Laws; Export Control,” “Governing Law, Venue and Jurisdiction,” “Survivability,” and “Privacy Policy and Miscellaneous Terms.”

Privacy Policy and Miscellaneous Terms

These Terms of Service, together with our Privacy Policy are the entire agreement between you and us related to your use of the System.

Contact Information

To contact us, please complete our contact form.