Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“you,” “Member”) and Dagaz LLC, a Wyoming limited liability company that operates The Tobacco Estate (“The Tobacco Estate,” the “Estate,” “we,” “us”). They govern your access to and use of tobaccoestate.com and all related pages, features, and services (the “Site”).

By creating an account, clicking to accept, or otherwise using the Site, you accept and agree to be bound by these Terms and by our Community Charter, Privacy Policy, DMCA Policy, and Official Giveaway Rules, each incorporated here by reference. If you do not agree, do not use the Site.

The Estate is a private community and a venue. Unlike a consignment, auction, or retail marketplace, the Estate does not:

• sell, own, stock, consign, inspect, store, or ship any goods;
• process payments, hold funds in escrow, or charge any card for a member transaction;
• charge any commission, listing fee, or sales fee on member transactions;
• set prices, run auctions on our own behalf, or act as a buyer or seller; or
• broker, negotiate, guarantee, insure, or otherwise become a party to any deal between members.

Membership and community features are supported by an optional Supporter subscription, not by fees on what members buy, sell, or trade. Any reference to a “Marketplace” in these Terms means the listings area where members connect with one another — nothing more. Paying a Supporter subscription does not alter the Estate’s role as a venue. We do not become your agent, fiduciary, or trusted intermediary with respect to any transaction.

The Estate is offered only to adults who are at least 21 years of age, are of legal age to form a binding contract, and reside in the United States. By using the Site you represent and warrant that you meet these requirements. You also represent and warrant that you are not located in any jurisdiction that prohibits the receipt of tobacco products via common carrier, and you will not use the Site to solicit or receive shipments in violation of such laws. You agree to provide accurate, current, and complete account information, to keep it updated, and to maintain only one account unless we agree otherwise in writing. You are responsible for all activity that occurs under your account.

Keep your password confidential and do not let anyone else use your account. Notify us promptly of any unauthorized use or security breach. We may require verification of your identity or eligibility, and we may suspend, disable, or refuse any username or account at our discretion — including where we believe these Terms or the Charter have been violated.

You consent to receive agreements, notices, disclosures, and other communications from us electronically — by email or through the Site — and you agree that electronic communications satisfy any legal requirement that such communications be in writing. You are responsible for keeping a valid email address on file.

Our Community Charter sets the standards of conduct for the Estate and is part of these Terms. Conduct that violates the Charter may result in content removal, suspension, or termination at our discretion.

All transactions are conducted directly between members. When members agree to a sale or trade, the resulting contract is solely between those members; the Estate is not a party to it. We do not take possession of goods, handle payment, or arrange shipping, and we do not guarantee that any member will complete a transaction, that any item exists or is as described, or that any payment will be made.

Each member is solely responsible for: the legality of their own listings, purchases, and trades; verifying the identity, reputation, and trustworthiness of anyone they deal with; the condition, authenticity, and description of items; payment and its security; packaging, shipping, insurance, and delivery; and all taxes, fees, duties, and customs obligations that apply in their jurisdiction. Members are required by these Terms to independently verify the age and legal eligibility of the other party before completing any transaction involving tobacco products. The Estate does not provide an age-verification service and bears no responsibility for any failure to verify. Resolve any dispute over a transaction directly with the other member. The Estate is not responsible for, and will not mediate, refund, or reimburse, member transactions.

If you list an item, you must have full title to and possession of it, your listing must be truthful, accurate, and complete, and you must honor the terms you offer. You are responsible for the content of your listings and for reading a listing in full before committing to buy or trade. We may remove or refuse any listing at our discretion. Before listing any tobacco product, you will be required to explicitly affirm your understanding of and compliance with the tobacco-specific obligations set forth in Section 9.

(a) Permissible Items. Members who have reached the age of 21 may list for sale or trade: cigars, pipe tobacco, cigar and pipe accessories, and collectible tobacco products (such as vintage cigarette packs) exchanged solely among adult collectors. Any listing of cigarettes or smokeless tobacco must be explicitly tagged as “Collectible Only” and must not be marketed for consumption.

(b) Member Obligations. By listing, purchasing, or trading any tobacco product, you represent and warrant that you will:

1. Verify Age: Independently confirm that the other party is at least 21 years old using a reliable method (e.g., government-issued photo ID check via live video call or an established third-party age verification service) before shipping any tobacco product.
2. Comply with All Laws: Know and strictly follow all applicable federal, state, and local laws governing the sale, transfer, shipment, and taxation of tobacco products — including but not limited to the federal Prevent All Cigarette Trafficking (PACT) Act, the Tobacco 21 law, and any state licensing, excise tax, or reporting requirements.
3. Respect Shipping Restrictions: Not use the United States Postal Service to mail cigarettes or smokeless tobacco, and not ship any tobacco product via any carrier whose terms of service prohibit such shipments. It is your sole responsibility to verify that the chosen carrier will accept and lawfully deliver the package to the destination.
4. Pay Required Taxes: Collect, report, and remit any required sales, use, or excise taxes.
5. Qualify for Any Exemption: If you rely on a legal exemption (such as the PACT Act’s de minimis exemption for fewer than 10 delivery sales per month with gross proceeds under $100), you understand and accept the full burden of proving your eligibility.

(c) Prohibited Conduct (Tobacco-Specific). You may not:

• Sell, offer to sell, or transfer any tobacco product to a person under 21.
• Use the Site to arrange a shipment that you know or should know is illegal in the origin or destination jurisdiction.
• List counterfeit, stolen, misbranded, or adulterated tobacco products.
• Represent that the Estate has approved or guaranteed the legality, authenticity, or safe delivery of any tobacco product.

(d) No Legal Advice. Nothing on the Site constitutes legal advice. We strongly encourage every member to consult a qualified attorney before engaging in any tobacco transaction. The Estate makes no representation that any transaction described on the Site complies with applicable law.

Sellers of tobacco products are advised to maintain records of age verification and shipping documentation for at least five years, or longer as required by law. The Estate does not provide recordkeeping services.

You agree not to use the Site:

• in violation of any applicable law or regulation;
• to harass, threaten, defraud, impersonate, or harm another person;
• to infringe anyone’s intellectual property or privacy rights;
• to post spam, advertising, or solicitations unrelated to the community;
• to circumvent the Site to conduct business it is not intended for;
• to introduce malware, scrape or harvest data with bots, or interfere with or overload the Site or its security;
• to advertise, facilitate, or complete any sale or shipment of tobacco products that violates the PACT Act, the Jenkins Act, any state tobacco delivery statute, or the published terms of service of any common carrier.

(a) No Paid Raffles — Zero-Tolerance. The Estate does not permit any raffle, drawing, giveaway, or promotion that requires a purchase, payment, entry fee, or any form of monetary consideration to enter or to increase the chance of winning — regardless of whether that payment is called a “donation,” a “suggested contribution,” a “ticket purchase,” or a “voluntary fee.” Charging any amount in exchange for a chance to win a prize creates an illegal lottery under state and federal law. The Estate will not allow such activities and will remove any listing, post, or comment that offers or appears to offer a paid raffle.

(b) Compliant Member-Hosted Giveaways. A member may host a free giveaway on the Estate only if all of the following conditions are met:

• No Purchase or Donation of Any Kind. Entry must be entirely free. The member host (“Sponsor”) may not require or accept any payment, donation, subscription, tip, trade, or other consideration — monetary or otherwise — from entrants, either as a condition of entry or as a way to receive additional entries.
• Official Giveaway Rules. The Sponsor must post clear, written rules that are easily accessible to all members before the entry period begins. The rules must include at minimum: (a) Sponsor’s identity and contact information; (b) eligibility requirements (all entrants must be at least 21 years of age and U.S. residents, unless otherwise lawful); (c) a description of the prize(s) and their approximate retail value; (d) the method of entry (and an alternative free method of entry, such as email, if a mail-in alternative would normally be required under sweepstakes law); (e) the start and end dates; (f) the selection and notification process; (g) that the Estate is not a sponsor, administrator, or prize provider; and (h) the odds of winning based on the number of eligible entries received.
• Legal Compliance. The Sponsor is solely responsible for complying with all applicable federal, state, and local laws governing sweepstakes and prize promotions, including registration, bonding, and tax-reporting requirements. Sponsors of giveaways with a total prize value over $600 are warned that many states impose additional obligations; the Sponsor represents that it will meet those obligations.
• No Tobacco-Product Giveaways That Violate FDA Rules. The Sponsor must not offer free samples of tobacco products in any manner that violates FDA regulations or state-tobacco-sampling laws.
• No Affiliation with the Estate. The Sponsor must not state or imply that the Estate endorses, sponsors, or guarantees the giveaway.

(c) The Estate’s Role. The Estate provides the drawing tool as a convenience only. The Estate does not sponsor, administer, collect or hold funds for, process payments for, verify, approve, or guarantee any member-hosted giveaway or raffle. Any dealings, disputes, prize fulfillment, and legal compliance are solely between the Sponsor and the entrants. The Estate is not liable for any loss or damage arising from a member-hosted giveaway.

(d) Enforcement. The Estate may, in its sole discretion, remove any giveaway listing, post, or content that does not comply with this Section or that it believes, in good faith, to be an illegal lottery, a paid raffle, or otherwise unlawful. The Estate reserves the right to suspend or terminate the account of any member who runs or promotes a prohibited raffle.

(e) Indemnification. Sponsors who host a giveaway agree to indemnify and hold harmless the Estate from any claims, damages, and expenses (including attorneys’ fees) arising from that giveaway, including claims of illegal gambling, false advertising, failure to deliver a prize, or violation of sweepstakes laws.

You own what you post. By posting, you grant the Estate a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute that content as needed to operate and promote the service. You represent that you have the rights to what you post and that it does not violate these Terms or any law. We may remove any content at our discretion.

Where feedback or ratings are available, they reflect the opinions of individual members, not the Estate. We do not investigate, verify, or endorse member feedback, and you are responsible for what you post — including potential liability for false or defamatory statements. We may remove feedback that violates these Terms. We are not obligated to remove feedback even if a member claims it is false, but we reserve the right to do so if it violates the Charter.

We do not perform background checks on members and do not verify the identity, qualifications, statements, listings, or goods of any member. Any profile, badge, rating, or other information shown on the Site is provided for convenience only and is not an introduction, endorsement, or guarantee by the Estate. We do not verify that members hold required tobacco licenses, have collected taxes, or are complying with age-verification requirements. You deal with other members at your own risk.

We may, but are not obligated to, monitor the Site. We may remove content and suspend or terminate accounts for any reason or no reason — including violations of these Terms or the Charter, or conduct that creates risk for the community — and we may cooperate with law enforcement. We reserve the right to report suspected illegal tobacco activity to federal and state authorities, including the ATF, FDA, and state tax administrators, and to provide them with relevant member information. You may stop using the Estate at any time and may request account deletion. Sections that by their nature should survive termination — including Sections 7 and 13 through 22 — will survive.

The Estate’s name, crest, logos, and the design, text, and features of the Site are owned by Dagaz LLC or its licensors and are protected by law. We grant you a limited, personal, non-commercial license to use the Site. Member trademarks and member content are excluded from the foregoing and remain the property of their owners. You may not copy, modify, or use our marks or Site content except as these Terms allow.

We respond to copyright complaints under the DMCA. See our DMCA Policy for how to send a notice. We terminate the accounts of repeat infringers.

The Site may link to or display third-party sites, resources, advertisements, and member-shared content. We do not control and are not responsible for them, and your use of them is at your own risk and subject to their own terms.

The Site is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any member, listing, item, or transaction is as described, legitimate, or will be completed. THE ESTATE MAKES NO REPRESENTATION THAT ANY LISTING, TRANSACTION, OR SHIPMENT OF A TOBACCO PRODUCT COMPLIES WITH THE PACT ACT, STATE TOBACCO LAWS, OR THE RULES OF ANY COMMON CARRIER. EACH MEMBER ASSUMES THE ENTIRE RISK OF DETERMINING THE LEGALITY OF A TRANSACTION.

To the fullest extent permitted by law, the Estate and its owners, operators, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from member transactions, member content, or your use of or inability to use the Site. Our total liability for any claim will not exceed the greater of $100 or the amount you paid us in the twelve months before the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You agree to indemnify and hold harmless the Estate and its owners, operators, and affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

• your content, your listings, your dealings or transactions with other members;
• your violation of any law or third-party right;
• your breach of these Terms;
• your failure to verify the age or legal eligibility of a buyer or trading partner;
• your violation of any federal, state, or local law governing the sale, shipment, or taxation of tobacco products; or
• any claim by a tax authority that excise tax, sales tax, or reporting obligations were not met.

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Before filing any claim, you agree to first contact us at support@tobaccoestate.com and attempt in good faith to resolve the matter informally. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Wyoming, and you consent to their jurisdiction and venue. Any claim must be filed within one (1) year after it arises, or it is permanently barred.

If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the documents referenced in Section 1, are the entire agreement between you and the Estate regarding the Site. We may update these Terms from time to time; the date above reflects the latest version, and material changes will be announced on the Site. Continued use after changes take effect constitutes acceptance.

Questions about these Terms? Reach us at support@tobaccoestate.com or through our Contact page.