Terms of Service

Please read these Terms of Service (“Terms”) carefully before using the website located at smokincaddies.com (the “Site”) operated by Smokin’ Caddie (“Company,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Acceptance of Terms

By accessing and using this Site, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, and others who access or use the Site. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Age Restriction

Smokin’ Caddie provides premium cigar services. You must be 21 years of age or older to use this website, submit inquiries, or engage our services. By using this Site, you represent and warrant that you are at least 21 years old. We do not knowingly collect information from or market to individuals under 21.

3. Services

Smokin’ Caddie operates a mobile premium cigar cart service for golf courses, tournaments, corporate events, and private occasions in South Florida. All service arrangements are made through direct inquiry and custom agreement. No binding booking or payment is processed through this website. Submission of an inquiry or scheduling of a consultation does not guarantee service availability or pricing. Smokin’ Caddie reserves the right to decline any engagement at its sole discretion.

4. Use of the Site

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Site. You agree not to:

• Use the Site in any way that violates applicable local, state, national, or international law or regulation
• Transmit any unsolicited or unauthorized advertising or promotional material
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
• Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
• Use any robot, spider, or other automated device to access the Site for any purpose
• Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful

We reserve the right to terminate or restrict your access to the Site at any time, without notice, for any reason, including but not limited to violation of these Terms.

5. Intellectual Property

The Site and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, images, and software — are owned by the Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Site without the prior written consent of the Company, except as follows: your computer may temporarily store copies in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your browser for display enhancement purposes.

6. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The information on the Site is provided for general informational purposes only. It does not constitute professional advice of any kind. Any reliance you place on such information is strictly at your own risk.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including but not limited to any use of the Site’s content other than as expressly authorized in these Terms.

9. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party content, goods, or services.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding information we collect.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you hereby consent to personal jurisdiction and venue in such courts.

12. Dispute Resolution

Before filing any formal legal claim, you agree to contact the Company in writing and attempt to resolve the dispute informally for a period of at least thirty (30) days. If the dispute cannot be resolved informally, the parties agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be settled by binding arbitration in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Site.

15. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. Changes are effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. We encourage you to review these Terms periodically.

16. Contact Us

If you have questions or concerns about these Terms of Service, please contact us through the contact form on our website at smokincaddies.com/contact.