Terms of Use

Welcome to Mikinok's Website (www.mikinok.com) (the “Site”). Please read these Terms of Use carefully and print a copy and/or retain this information electronically for future reference. By accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access this Site (www.mikinok.com).
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Site Content
Mikinok Enterprises (“Mikinok”) operates this Site to provide general financial technology information and information about its clients and the financial products and services its clients provide.  As used throughout these Terms of Use, the term “Services” shall mean the professional services offered by Mikinok, the Site, and any other features, downloads, content, and other services that may be available through the Site.

Your use of the Site warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms of Use.  Although Mikinok attempts to ensure the accuracy and integrity of the information on the Site, it makes no representations, warranties, or guarantees as to the accuracy of the Site and its content.

Accessing Service from an Indian Reservation
Mikinok is a federal corporation chartered under Section 17 of the Indian Reorganization Act of 1934, Pub. L. No. 73 383, 48 Stat. 985, and is a wholly owned economic arm and instrumentality of the Turtle Mountain Band of Chippewa Indians of North Dakota (the “Tribe”), a federally recognized Native American tribe.  Mikinok offers its Services within the Tribe’s jurisdiction.  BY CHOOSING TO VISIT THE TRIBE’S JURISDICTION THROUGH THIS SITE AND ACCESS SERVICES OFFERED AND REGULATED UNDER THE TRIBE’S LAWS, YOU FREELY CONSENT TO THE TRIBE’S JURISDICTION REGARDING ALL ASPECTS OF YOUR USE OF THIS SITE.

As an economic arm of the Tribe, and a federally-chartered “Section 17” corporation, Mikinok possesses sovereign immunity which will limit any actions, if any, you may bring in a dispute.

Permission to Gather and Verify Data
Mikinok does not collect and store personal identifying information (“PII”) from Site users; any PII collected and received from you for our Services is submitted voluntarily by you.  You grant us a license to use the information you provide to us.  Mikinok is committed to the protection and security of information we collect from you and your PII that you provide us or that we obtain about you from third parties with your consent.  Mikinok has implemented administrative, technical, and physical safeguards to protect and secure your PII.

You agree not to provide any user information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component.

Mikinok may collect information from Site users, such as your browser type, operating system, access times, and pages viewed.  Information is also collected regarding the device used to access the website, such as a mobile device ID, model, manufacturer, and IP address of the mobile device.  None of this information is PII, and is collected primarily to maintain the security and operation of the services offered by Mikinok.

Consent to Communications
When you submit a request form on our Site, you agree that Mikinok may contact you using written, electronic, or verbal means. This consent includes, but is not limited to, contact by prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. You agree that Mikinok may use any email address or phone number you provide, including a number for a cellular phone or other wireless device, even if you incur message and data charges as a result.

Terms and Conditions for the Use of this Site
These Terms of Use describe the terms and conditions of use of this Site by you, the website viewer, and your rights and responsibilities as a user.

We have the right to revise these Terms of Use without notice to you, and advise all users of the Site to visit this page frequently to review them.

Permissions and Restrictions for the Use of this Site
Mikinok hereby grants to you a limited, non-exclusive, non-transferable right to access this Site. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), Mikinok does not knowingly collect or retain PII from users under the age of thirteen (13). This Site and our Services are for users over the age of eighteen (18), subject to compliance with these Terms of Use and in accordance with applicable federal laws and the laws enacted by the Tribe. This Site is intended for use within the United States.

The contents of this Site, including without limitation, text, design, graphics, images, and other content (collectively, the “Content”) are owned by or licensed to Mikinok, its affiliates, its third party vendors, and/or other third parties. The Content is protected under copyright law. Your use of this Site provides limited access to view, download, and print the Content, solely in conjunction with your permitted use. No portion of this Site should otherwise be reproduced, stored, or transmitted by any means for any purpose.

Such unauthorized use will constitute a violation of copyright, trademark, and other laws.  Any copies of copyrighted or trademarked materials, or names obtained from this Site, should retain all copyright and proprietary notices and should not be used without permission.  Use of any Content on this Site does not grant ownership rights to such Content or to this Site.  You may not sell or modify Content or display Content for public or commercial use.

Unauthorized access to this Site and its Content via hacking is prohibited.  Additionally, restrictions to use of this Site include accessing or tampering with non-public areas of this Site or our systems, or the delivery of our systems or Services.  You may not interfere with the access of any Site user, host, or network related to this Site or the Services (e.g., sending viruses, overloading, flooding, spamming, mail-bombing), nor may you attempt to tamper or change any Site-related software.  Any use of this Site or its Content not expressly permitted within these Terms of Use is a breach of these Terms of Use and may violate applicable federal laws and the laws of the Tribe.

Links and Third Parties
Our Site may contain links to websites owned by third parties.  Such sites are provided solely as resources and as a convenience to our users.  These links, and any associated content, are not intended to be an endorsement, recommendation, or referral for any website or third party, and we are not responsible nor do we make representation for any content, information, security practices, or privacy policies for these websites and/or third parties.  If you, as a user of our Site, decide to access any third party website using links from our Site, you do so at your own risk.  Site users are expected to independently assess whether information and resources from any website, including ours, will meet their needs.

If you are directed to this Site from a non-affiliated third-party, you acknowledge that Mikinok does not make any representations or warranties regarding any non-affiliated third-party, the content of their site, or any acknowledgements you make by using a non-affiliated third party’s site.

Limitations on Liability
MIKINOK SHALL NOT BE LIABLE TO ANY USER OF THIS SITE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ITS MATERIAL, OR ANY THIRD PARTY WEBSITES LINKED TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that your sole remedy to any problem with this Site, including errors from and inaccuracies within, is to cease using this Site and the Services offered.  Mikinok and any third party who promotes the Services or provides you with a link to this Site, shall not be liable for your use of this Site, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third party, or for any loss or damage of any kind incurred as a result of its use.

Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.  IN ADDITION, WE MAKE NO WARRANTY THAT THE SITE AND ITS SERVER ARE FREE FROM VIRUSES OR OTHER HARMFUL TECHNOLOGIES.

Mikinok makes every effort to ensure that the information contained in our correspondence, reports, on the website, and given verbally by our owner, directors, officers, employees, and other representatives is accurate to the best of our belief at the time the information is provided, but we cannot guarantee the accuracy of all such information in all circumstances and contexts.  You must check all correspondence between us, and promptly notify Mikinok if something appears to be wrong or not made in accordance with your instructions.

You acknowledge that from time to time you may not be able to access this Site, including without limitation when the Site is unavailable to allow for repairs, maintenance, or the introduction of new facilities or services.

You acknowledge and agree that Mikinok using the Site to provide its Services allows it to have complete authority, responsibility, supervision, and control over the provision of all such Services it offers.

Indemnification
You agree to indemnify and hold harmless Mikinok, its affiliates, owners, directors, officers, employees, agents, representatives and third parties, from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of or inability to use the Site, any user postings or transmissions, your violation of any of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  You further agree that you will cooperate fully in the defense of any such claims.  Mikinok reserves the right, at its 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 in asserting any available defenses.

Waiver and Severability
Any failure by Mikinok to enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provisions.  Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms of Use will remain in full force and effect.

These Terms of Use supersede any previous Terms of Use to which you and Mikinok may have been bound.

Jurisdiction and Choice of Law
YOU AGREE THAT THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE TRIBE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW.  By accessing this Site, you are availing yourself upon the jurisdiction of the Tribe and fully understand and consent that the Services and our activities are governed solely by applicable United States federal law and the laws of the Tribe.  For purposes of these Terms of Use and this Site and under the federal Consumer Protection Act of 2010, the Tribe is considered a state. YOU ACKNOWLEDGE AND AGREE THAT THE LAWS OF THE TRIBE WILL APPLY RATHER THAN THE LAWS OF YOUR STATE OR ANY OTHER STATE.