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      Wholesale Account Agreement

       

        TERMS AND CONDITIONS OF USE
        Lifted Limited LLC, dba Toker Poker
        1750 55th St. Ste E, Boulder, CO 80301

        1. Acceptance of Terms

        By accessing or using the Toker Poker website, purchasing products, or receiving an invoice from Toker Poker, you agree to be bound by these Terms and Conditions of Use (the “Terms”). If you do not agree to these Terms, you should immediately discontinue use of our website and services. We may update these Terms periodically, and continued use signifies acceptance of any modifications.

        2. Agreement Upon Invoice Receipt

        By receiving and/or paying an invoice from Toker Poker, you acknowledge and agree to these Terms and Conditions of Use. Any disputes regarding pricing, orders, or services must be raised within five (5) business days of receiving the invoice. Failure to dispute within this period will be considered acceptance of the invoice and all related terms.

        3. Intellectual Property Rights

        All intellectual property associated with Toker Poker is owned exclusively by Lifted Limited LLC and is protected under U.S. and international intellectual property laws. This includes, but is not limited to:

        A. Trademarks & Brand Identity

        • The Toker Poker name, logo, slogans, and trade dress (color schemes, packaging designs, fonts, and unique visual branding elements) are registered trademarks of Lifted Limited LLC.
        • Resellers, distributors, and third parties may not use the Toker Poker brand name, logos, or any similar marks without express written authorization.

        B. Patents & Product Designs

        • Toker Poker products, including but not limited to designs, functionality, and unique product features, may be protected by patents, patent applications, and trade dress laws.
        • Any attempts to copy, reproduce, manufacture, or create derivative works based on Toker Poker products are strictly prohibited.

        C. Copyrights & Marketing Materials

        • All product descriptions, packaging content, website text, images, advertisements, social media content, videos, and promotional materials created by Toker Poker are protected under copyright law.
        • Unauthorized use, reproduction, or modification of any Toker Poker marketing materials is strictly prohibited.

        D. Proprietary Business Information

        • Any information disclosed by Toker Poker to its resellers, distributors, or partners, including pricing structures, business strategies, supply chain details, and internal operations, must be treated as confidential.
        • Resellers and distributors may not disclose, share, or use proprietary information for competitive purposes or unauthorized business activities.

        E. Enforcement of Intellectual Property Rights

        Toker Poker aggressively enforces its intellectual property rights. Any unauthorized use, infringement, or violations will result in legal action, termination of reseller privileges, and potential financial liability for damages.

        4. Reseller Policy

        To maintain the integrity of the Toker Poker brand and its distribution channels, resellers of Toker Poker products agree to the following restrictions:

        • Prohibited Platforms: Resellers are strictly prohibited from selling Toker Poker products on Amazon.com and Walmart.com, whether directly or through third-party storefronts.
        • No Sales to Unauthorized Resellers: Resellers may not sell Toker Poker products to other resellers who sell on Amazon.com, Walmart.com, or any unauthorized e-commerce marketplace.
        • Enforcement & Penalties: If a reseller is found to be in violation of this policy:
          1. Toker Poker reserves the right to remove any unauthorized listings from Amazon.com, Walmart.com, or other online marketplaces.
          2. Toker Poker may terminate future sales to the violating reseller, restricting their ability to purchase Toker Poker products.
          3. Additional legal action may be taken to protect the brand’s reputation and distribution channels.

        Resellers acknowledge that Toker Poker maintains full discretion in enforcing this policy and that failure to comply may result in the immediate termination of their purchasing privileges.

        5. Account Registration & Security

        Access to certain services may require you to create an account. You are responsible for all activity on your account and must take necessary precautions to keep your login credentials secure. Any unauthorized use of your account must be reported immediately. We reserve the right to suspend or terminate access for non-compliance with these Terms.

        6. Use Restrictions

        You agree not to:

        • Modify, reproduce, republish, or distribute any website content without authorization.
        • Engage in any unlawful or fraudulent activity through our services.
        • Post or transmit any material that is defamatory, obscene, harassing, or violates any third-party rights.
        • Introduce malware, spyware, or harmful technology that could disrupt or damage our services.

        7. Third-Party Links & Services

        Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of use of those external sites. Accessing third-party links is at your own risk.

        8. Disclaimer of Warranties & Limitation of Liability

        • Use at Your Own Risk: Our website and products are provided on an "as-is" and "as-available" basis without warranties of any kind.
        • No Guarantee of Accuracy: While we strive for accuracy, we do not warrant that our website content is error-free or up to date.
        • Limitation of Liability: Toker Poker and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages resulting from your use of our website or products.

        9. Payment Terms & Legal Remedies

        • Payment in Advance: All payments must be made upfront unless expressly agreed upon in writing. If payment terms are extended, the purchaser agrees that failure to pay on time grants Toker Poker the right to seek full recovery through legal action.
        • Late Payment Penalties: Payments not made on time will incur penalties at the rate of 2.5% for the first 10 days past due, and an additional 1% per day thereafter. After 30 days of non-payment, the account will be referred to collection agencies for recovery.
        • Personal & Business Liability for Non-Payment: The purchaser agrees that in cases of non-payment or bankruptcy, Toker Poker retains the right to recover debts from personal assets, business inventory, bank accounts, and any other means necessary to ensure full repayment.
        • Debt Collection & Legal Fees: In the event of non-payment, the purchaser agrees to pay any collection fees, attorney fees, court costs, and any additional expenses incurred to recover owed funds.

        10. Termination of Access

        We reserve the right to restrict, suspend, or terminate access to our website and services at any time if we determine that a user has violated these Terms or engaged in any harmful activity.

        11. Governing Law

        These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any legal disputes shall be resolved in the appropriate courts of Colorado