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Big Poppa Smokers' Terms of Service

Effective Date: December 2, 2009
Last Updated: October 16, 2025

1. Introduction and Acceptance

Welcome to BigPoppaSmokers.com, an interactive online service operated by Paladar Mfg., Inc. (“Paladar Mfg.,” “us,” “we,” or “our”). These Terms of Use apply to this website and all related interactive features, applications, or downloads operated by us that are available through this site or interact with it and post these Terms (collectively, the “Website”).

Your Agreement

By accessing or using this Website (other than to read these Terms), you agree to comply with and be bound by these Terms of Use, as well as our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use this Website or purchase products or services from it.

Legal Notice

These Terms contain a binding arbitration clause, a class action waiver, and limitations of liability that affect your legal rights. Please read them carefully before using the Website.

2. Intellectual Property

Unless otherwise stated, all content on the Website—including but not limited to text, graphics, logos, images, video, audio, software, designs, and code (collectively, the “Website Content”)—is owned or controlled by Paladar Mfg. or its licensors and is protected under U.S. and international copyright, trademark, and intellectual property laws.

Except as expressly permitted in these Terms, you may not copy, reproduce, distribute, modify, display, or create derivative works from any Website Content without prior written consent.

All trademarks, service marks, and trade names are the property of Paladar Mfg. or its licensors. All rights not expressly granted are reserved.

3. Website Access and Use

A. Permitted Use

You may use this Website for your personal, non-commercial purposes only. You agree to comply with all applicable federal, state, and local laws.

B. Prohibited Conduct

You may not:

  • Copy, scrape, or reproduce Website Content without written permission.
  • Circumvent security features or interfere with Website functionality.
  • Collect personal data from other users or engage in data mining.
  • Use automated systems (e.g., bots, spiders) without express permission.
  • Decompile, reverse-engineer, or modify Website code.
  • Engage in activity that violates any law, infringes rights, or disrupts the Website.

C. Equipment Responsibility

You are responsible for maintaining the equipment and Internet access necessary to use the Website and for any associated costs.

4. Linking to the Website

You may link to the Website’s homepage, provided that your site:

  • Is not commercially competitive with BigPoppaSmokers.com.
  • Does not damage our reputation or misrepresent your relationship with us.
  • Complies with all applicable laws and regulations.

We reserve the right to revoke this linking permission at any time.

5. User Registration

To access certain features, you may need to register and create an account (“Membership”).

  • You must be 18 years or older to register.
  • You agree to provide accurate and complete information.
  • You are responsible for safeguarding your password and all activity under your account.
  • Notify us immediately at info@bigpoppasmokers.com of any unauthorized use.

We reserve the right to suspend or terminate your account at our discretion.

6. User Content

A. Ownership and License

You retain ownership of your content but grant Paladar Mfg. a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, distribute, display, and create derivative works from any content you submit (“User Content”) for any purpose, including advertising and marketing.

B. Restrictions

You agree not to submit content that:

  • Infringes on others’ intellectual property or rights of publicity.
  • Contains unlawful, defamatory, obscene, or harassing material.
  • Promotes illegal activity or misrepresents your identity.

C. Monitoring and Removal

We reserve the right (but not the obligation) to review, monitor, or remove User Content at our discretion.

7. Website Content and Third-Party Links

Content provided on the Website is for informational and promotional purposes only. We do not guarantee accuracy or reliability.

Links to third-party websites are provided for convenience only. Paladar Mfg. does not control and is not responsible for their content or privacy practices.

8. Mobile Terms of Service

By opting in to receive text messages from Big Poppa Smokers, you agree to the following:

A. Program Description: You may receive promotional offers, updates, and order information via SMS/MMS.

B. Consent: Consent is not a condition of purchase.

C. Frequency: Message frequency may vary.

D. Opt-Out: Reply STOP to unsubscribe at any time.

E. Help: Reply HELP or contact info@bigpoppasmokers.com / 877-828-0727.

F. Message & Data Rates: Standard carrier rates may apply.

G. Carriers: Not responsible for delayed or undelivered messages.

H. Changes: We may modify or cancel the program at any time.

I. Privacy: See our Privacy Policy for details on data use.

9. Indemnification

You agree to indemnify and hold harmless Paladar Mfg., its officers, employees, affiliates, and agents from any claims, damages, or expenses arising out of your:

  • Use of the Website;
  • Violation of these Terms; or
  • Submission of User Content.

10. Disclaimers

The Website and all content are provided “as is” and “as available.”

Paladar Mfg. makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Website will be uninterrupted, secure, or error-free, or that any defects will be corrected.

11. Limitation of Liability

To the fullest extent permitted by law, Paladar Mfg. shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Website.

In no event shall our total liability exceed the greater of:

  • The total amount you paid to us in the preceding twelve (12) months, or $100.00.

Some jurisdictions do not allow certain limitations, so these may not apply to you.

12. Termination

We may suspend or terminate your access or account at any time, without notice, for any reason, including violation of these Terms.

Upon termination, you must stop using and delete any Website Content in your possession.

13. Copyright Policy (DMCA Notice)

If you believe your copyrighted work has been infringed, please submit a written notice under the Digital Millennium Copyright Act (DMCA) to:

Paladar Mfg., Inc.

53973 Polk Street

Coachella, California 92236

Fax: 760-775-4250

Include:

  1. Your signature and contact information;
  2. Identification of the copyrighted work;
  3. The infringing material’s location;
  4. A statement of good faith belief; and
  5. A declaration under penalty of perjury that you are authorized to act.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.

Any disputes not subject to arbitration will be heard exclusively in the state or federal courts located in Riverside County, California.

15. Dispute Resolution and Arbitration

A. Informal Resolution

We encourage you to contact us first to resolve disputes directly at info@bigpoppasmokers.com.

B. Arbitration Agreement

Any unresolved dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

  • The arbitration will be conducted in your county of residence or Riverside County, CA.
  • Each party will bear its own costs unless otherwise ordered.
  • You and Paladar Mfg. agree not to bring claims on a class or representative basis.

C. Exceptions

Either party may bring qualifying claims in small claims court or seek injunctive relief for intellectual property violations.

16. No Class Actions

You waive any right to bring or participate in class, collective, or representative actions.

17. No Jury Trial

You waive any right to a jury trial in any proceeding arising from or related to these Terms.

18. Changes to Terms

We may update these Terms at any time. Updated Terms will be posted on this page with a revised “Last Updated” date. Continued use of the Website after such updates constitutes acceptance.

19. Territorial Restrictions

The Website is operated from the United States and may not be appropriate for access outside the U.S. Software from this Website is subject to U.S. export laws and may not be downloaded or used in prohibited countries.

20. California Consumer Notice (Civil Code §1789.3)

If you are a California resident and have a complaint regarding this Website or wish to request additional information, please contact:

Paladar Mfg., Inc.

53973 Polk Street

Coachella, California 92236

Email: info@bigpoppasmokers.com

Phone: 877-828-0727

You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

21. Miscellaneous

  • Waiver: Failure to enforce any provision does not constitute a waiver.
  • Severability: If any provision is deemed invalid, the remaining terms remain in effect.
  • Assignment: You may not assign these Terms; Paladar Mfg. may assign them without restriction.
  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the full agreement between you and Paladar Mfg.