Terms & Conditions

Effective Date: 08/28/2019

Last Updated: September 17, 2025

Site Covered: www.tokerpoker.com

THE AGREEMENT

The use of this website and services on this website provided by Lifted Limited LLC (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Lifted Limited LLC, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

2) ASSENT & ACCEPTANCE

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

3) LICENSE TO USE WEBSITE

The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

4) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

5) USER OBLIGATIONS

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

6) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

7) PRIVACY INFORMATION

Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.

a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.

8) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

9) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

10) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

11) SPAM POLICY

You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

12) THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.

13) MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

14) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

15) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

16) TERM, TERMINATION & SUSPENSION

The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

17) NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

18) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

19) GENERAL PROVISIONS:

a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Colorado shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Mesa County, Colorado. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Mesa County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Colorado. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: info@tokerpoker.com.

k) AGE RESTRICTION: You must be 18 years or older to purchase a Toker Poker.

Supplemental Protections

7(d) Mobile Opt‑In Data: No mobile opt‑in data (including phone numbers, consent records, or message content) will be shared, sold, or disclosed to any third parties for marketing or sales purposes.

18.1 Additional Limitations: The Company is not liable for any misuse of its products, including but not limited to use with illegal substances, modifications to the product, or use in violation of manufacturer’s recommendations. The Company is not liable for damages caused by third‑party products (including Bic lighters and similar accessories) used in conjunction with Toker Poker products, nor for delays or issues caused by carriers, shipping providers, or payment processors.

19(l) Age Verification & Order Cancellation: The Company reserves the right to request age verification at checkout and to cancel any order if age cannot be verified or if the order otherwise appears non‑compliant with applicable law.

19(m) Class Action Waiver: To the fullest extent permitted by law, all disputes must be brought on an individual basis only. You waive any right to participate in a class, collective, consolidated, private attorney general, or representative action or proceeding.

19(n) Supplemental Force Majeure Examples: Without limiting 19(i), force majeure includes pandemics, epidemics, public health emergencies, supply chain disruptions, transportation delays, labor shortages or strikes, cyberattacks, denial‑of‑service attacks, and acts of terrorism.

20) PRODUCT DISCLAIMER

a) All products are intended solely for legal smoking purposes in compliance with applicable state and federal law.

b) Products are not intended for use with illegal substances.

c) The Company makes no medical or health claims. Use of the products is entirely at Your own risk.

d) WARNING: Keep out of reach of children. Product may contain small parts and is not a toy. Do not expose to flame beyond normal lighter operation; improper use can cause injury.

21) RETURN & REFUND POLICY

Unless otherwise stated, all sales are final. The Company may, at its sole discretion, accept returns of unused, unopened products within 14 days of delivery if a product is proven defective upon receipt. Shipping fees are non‑refundable, and return shipping costs are the responsibility of the customer.

22) DMCA NOTICE & TAKEDOWN POLICY

If You believe content on the Website infringes Your copyright, please send a notice to info@tokerpoker.com with: (i) a description of the copyrighted work; (ii) the URL/location of the allegedly infringing material; (iii) Your contact information; (iv) a statement of good‑faith belief; (v) a statement under penalty of perjury that You are the copyright owner or authorized agent; and (vi) Your physical or electronic signature.

23) E‑COMMERCE TERMS (Order Acceptance, Pricing, Taxes, Shipping)

a) Order Acceptance: Orders are offers to purchase and are subject to acceptance by the Company. The Company may cancel or refuse any order due to suspected fraud, pricing/stock errors, or non‑compliance with these Terms.

b) Pricing & Errors: Prices are subject to change without notice. The Company reserves the right to correct pricing or availability errors and to cancel affected orders before shipment.

c) Taxes: You are responsible for all applicable sales, use, VAT, and other taxes. Where required, taxes will be collected at checkout.

d) Shipping & Risk of Loss: Title and risk of loss pass to You upon delivery to the carrier. Delivery dates are estimates and not guarantees.

24) RESALE & EXPORT COMPLIANCE

Purchases from the Website are for personal use only and not for resale or export. You agree to comply with all applicable export control and sanctions laws and not to list or resell the Company’s products on online marketplaces without the Company’s prior written consent.

Mobile Terms of Service

Toker Poker
Last updated: September, 17, 2025

The Toker Poker mobile message service (the "Service") is operated by Toker Poker (“Toker Poker”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Toker Poker’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Toker Poker through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Toker Poker. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Toker Poker mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text or call 303-304-9354 or email info@tokerpoker.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Mobile Data Sharing Restriction: No mobile opt‑in data (including phone numbers, consent records, or message content) will be shared, sold, or disclosed to third parties for marketing or sales purposes.

SMS Terms and Conditions

1- SMS Consent Communication:

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

2- Types of SMS Communications:

If you have consented to receive text messages from Toker Poker, you may receive messages related to the following:

Customer Care
Marketing

3- Message Frequency:
Message frequency may vary depending on the type of communication. For example, you may receive up to 3-5 SMS messages per week related to your inquiries.

4- Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5- Opt-In Method:

You may opt-in to receive SMS messages from Toker Poker in the following ways:

By checking a box on our website at https://tokerpoker.com/pages/contact-us

6- Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

7- Help:

If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at https://tokerpoker.com/pages/contact-us

Additional Options:

If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

8- Standard Messaging Disclosures:

Message and data rates may apply.
You can opt out at any time by texting "STOP."
For assistance, text "HELP" or visit our Privacy Policy and Terms and Conditions pages.
Message frequency may vary

Privacy Policy

Lifted Limited LLC, dba Toker Poker
1750 55th St. Ste E, Boulder, CO 80301

Effective Date: September 18, 2025

At Toker Poker, your privacy matters to us. This Privacy Policy explains how we collect, use, store, and protect your personal information when you visit our website, purchase products, receive invoices, or interact with our services. By using our website or services, you agree to the practices described in this Privacy Policy.

1. Data Collection

We may collect the following types of information:

Personal Information: such as your name, billing/shipping address, phone number, email address, and payment information when you place an order.
Transaction Data: purchase history, invoice details, and related communications.
Technical Information: IP address, browser type, operating system, and cookies.
Voluntary Information: information you provide when contacting us, completing surveys, or opting into SMS/email updates.

2. Data Usage

We use the data we collect for the following purposes:

To process and fulfill orders and invoices.
To provide customer support and respond to inquiries.
To improve our website, products, and services.
To send updates, offers, or promotional materials (if you have opted in).
To comply with legal obligations and enforce our agreements.

3. Data Sharing

We do not sell or rent your personal information to third parties. Data may only be shared with trusted service providers as necessary to process payments, deliver products, or maintain our website and operations.

Important Notice: SMS opt-in or phone numbers for the purpose of SMS are not being shared with any third parties or affiliate companies for marketing purposes.

4. User Rights

Depending on your location, you may have the right to:

Access the personal information we hold about you.
Request corrections or updates to your personal data.
Request deletion of your personal information (subject to legal and contractual restrictions).
Opt out of marketing communications at any time.

To exercise these rights, please contact us using the details provided below.

5. Data Storage & Security

We implement industry-standard safeguards to protect your data from unauthorized access, disclosure, or misuse. While we take every reasonable step to secure your information, no online platform can guarantee 100% security.

6. Cookies & Tracking

Our website uses cookies and similar technologies to enhance your browsing experience, analyze site traffic, and personalize content. You can disable cookies through your browser settings, but this may impact the functionality of our site.

7. International Data Transfers

If you access our website from outside the United States, your information may be transferred to and processed in the U.S., where data protection laws may differ from those in your jurisdiction. By using our services, you consent to such transfers.

8. Children’s Privacy

Our website and services are not intended for children under the age of 13. We do not knowingly collect or solicit personal information from children. If we discover that we have inadvertently collected information from a child under 13, we will delete it promptly.

9. Age Restrictions

You must be at least 18 years of age to use our website, make purchases, or receive services from Toker Poker.

10. Policy Updates

We may update this Privacy Policy from time to time. Any changes will be posted on this page with the revised “Effective Date.” Continued use of our website or services after changes are posted signifies acceptance of the updated policy.

11. Contact Information

If you have any questions about this Privacy Policy, please contact us at:

Lifted Limited LLC, dba Toker Poker
1750 55th St. Ste E
Boulder, CO 80301
Phone: 303-304-9354
Email: info@tokerpoker.com