Terms of Service
Welcome to the PuffCuff, LLC Terms of Service (the “Terms of Service”). Please read these Terms carefully because they govern your use of our website located at www.puffcuffhairclamp.com (the “Site” or “Website”) and other PuffCuff, LLC web and mobile device applications. To make these Terms of Service easier to read, the Site and all our services are collectively referred to herein as the “Services.”
Agreement to Terms:
PuffCuff, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE, PURCHASING SOMETHING FROM US, OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS oF SERVICE, including those additional terms OF SERVICE referenced herein and/or available by hyperlink. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. These Terms OF SERVICE apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. PUFFCUFF, LLC’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY PUFFCUFF, LLC, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
Changes to Terms of Services:
We may modify the Terms of Service at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms of Service on the Site or through other communications. It’s important that you review the Terms of Service whenever we modify them because if you continue to use the Services after we have posted modified Terms of Service on the Site, you are indicating to us that you agree to be bound by the modified Terms of Service. If you don’t agree to be bound by the modified Terms of Service, then you can’t use the Services anymore. Because our Services (including pricing) are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Description of Service:
Subject to full compliance with the Terms of Service, PuffCuff LLC may offer to provide certain products, services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any product, service and content PuffCuff LLC offers or performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the content) on the Site. PuffCuff, LLC may change, suspend or discontinue the Services including any content for any reason, at any time, including the availability of any feature or content. PuffCuff LLC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
All content on thepuffcuff.com, and any other sub-site owned by PUFFCUFF LLC, including images, copy, illustrations, software and logos are the property of PUFFCUFF LLC. This content is protected by copyright, trademark, patent, contract and/or other U.S. or international law. All products depicted are likewise protected by such law. You may view this content only for your personal, noncommercial reference and for the limited commercial purpose of viewing PuffCuff’s products.
Modifications to the PuffCuff LLC Site or your Account:
You understand and agree that PuffCuff LLC may discontinue or change the PuffCuff LLC Website or Your PuffCuff LLC Account at any time, without notice to You. PuffCuff LLC does not assume any duty to update the information and content on the PuffCuff LLC Website or Your PuffCuff LLC Account. PuffCuff LLC may, as it deems necessary and appropriate, make revisions, upgrades and modifications to Your PuffCuff LLC Account from time to time to maintain the general performance and functionality of Your PuffCuff LLC Account at no additional charge to You.
Accuracy, Completeness and Timeliness of Information:
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site
Products or Services:
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of PuffCuff, LLC. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Creating an Account:
In order to access and use the Services, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site and are not barred from using the Services under applicable law. When creating an Account, you may be required to provide certain PII about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.
As a condition to using select Services, you are required to register with PuffCuff, LLC and select a password and screen name (“PuffCuff LLC username”). You shall provide PuffCuff LLC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your PuffCuff LLC account. You may not (i) select or use as a PuffCuff LLC username a name of another person with the intent to impersonate that person; (ii) use as a PuffCuff, LLC username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a PuffCuff LLC username a name that is otherwise offensive, vulgar or obscene.
PuffCuff LLC reserves the right, in its sole discretion, to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates our Terms of Service. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
ALL INFORMATION TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT WILL BE DEEMED BINDING ON YOU. You agree that You are solely liable for all actions taken via Your password, whether or not made with Your knowledge or authority. You agree to guard Your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the PuffCuff LLC Website or Your PuffCuff LLC Account for which You will be legally responsible, and liable to PuffCuff LLC for any resulting damages. If You suspect that someone may have obtained access to Your password that is not intended to have authority to act on Your behalf, please contact PuffCuff LLC immediately to enable PuffCuff LLC to deny access to the PuffCuff, LLC Website or Your PuffCuff LLC Account to anyone else presenting Your password.
You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Accuracy of Billing and Account Information:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
As a condition of use, you promise not to use the Services for any purpose that is illegal, unlawful, or prohibited by these Terms of Service, or any other purpose not reasonably intended by PuffCuff, LLC. You may not use our Services to violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
By way of example, and not as a limitation, you agree not to use the Services:
to abuse, harass, threaten, impersonate or intimidate other PuffCuff, LLC users; to contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any PuffCuff, LLC user; to create or submit unwanted email (”Spam”) to any other PuffCuff, LLC users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content; with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
You shall use the PuffCuff, LLC Website and Your PuffCuff, LLC Account for the sole and limited purposes set forth above, and for no other purpose whatsoever without the express written consent of PuffCuff, LLC. Your PuffCuff, LLC Account created and maintained by PuffCuff, LLC shall be for Your sole and exclusive use as provided herein. You shall not make Your PuffCuff, LLC Account accessible for use by other persons or entities, including, but not limited to, any other persons or entities that are also customers of PuffCuff, LLC, or compete with PuffCuff, LLC. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any information, data, content, or software accessible or displayed to You by PuffCuff, LLC on the PuffCuff, LLC Website or displayed or made accessible through Your PuffCuff, LLC Account, including, without limitation, any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and descriptions, and data compilations. The license granted herein does not include any resale or commercial use of PuffCuff, LLC Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another supplier or distributor; or any use of data mining, robots, or similar data gathering and extraction tools, except to the extent the PuffCuff, LLC Website is indexed by general purpose consumer accessible search engines, including, but not limited to, Google, Yahoo, AOL, MSN, or Bing. PuffCuff, LLC reserves the right to suspend or deny, in its sole discretion, Your access to all or any portion of the PuffCuff, LLC Website or Your PuffCuff, LLC Account. Any rights in the PuffCuff, LLC Website or Your PuffCuff, LLC Account not expressly granted to You herein are reserved to PuffCuff, LLC.
Neither the PuffCuff, LLC Website, Your PuffCuff, LLC Account, or any data, information, text, images, or other content accessible on or through the PuffCuff, LLC Website may be duplicated, modified, reengineered, decompiled, reverse engineered, decrypted, reassembled, supplemented, translated, adapted, or enhanced, except by PuffCuff, LLC or as expressly authorized by PuffCuff, LLC in writing. You shall not remove any notice or other indicia of an intellectual property right from the PuffCuff, LLC Website or Your PuffCuff, LLC Account. You shall not use, copy, distribute, display, demonstrate, or sub-license the PuffCuff, LLC Website, any content on or accessible through the PuffCuff, LLC Website, or Your PuffCuff, LLC Account, the software related thereto, or any component thereof, except as permitted by this Agreement, or as expressly authorized by PuffCuff, LLC. The rights granted to You by PuffCuff, LLC to use the PuffCuff, LLC Website or Your PuffCuff, LLC Account are strictly limited to the rights specified herein and You shall not have any rights to re-license or sub-license access to, or use of, the PuffCuff, LLC Website or Your PuffCuff, LLC Account, or any components thereof, to any other person or entity. You acknowledge and agree that You are solely responsible for Your use of the PuffCuff, LLC Website and Your PuffCuff, LLC Account and for Your compliance with any laws and regulations relating to your business operations.
Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; with the intention of artificially inflating or altering the ‘PuffCuff LLC count’, blog count, comments, or any other PuffCuff, LLC service, including by way of creating separate user accounts for the purpose of artificially altering PuffCuff LLC’s services; PuffCuff LLC may remove any content and PuffCuff LLC accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Terms of Service abuse, please email: email@example.com.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the PuffCuff LLC Website, or Your PuffCuff LLC Account, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant PuffCuff LLC the license set forth above. You will defend, indemnify, and hold PuffCuff LLC and its agents, employees, officers, directors, subsidiaries, affiliates, parents, and partners harmless from any losses, expenses, judgments, fines or penalties, including reasonable attorney’s fees and litigation costs and expenses, based upon claims asserted by a third party alleging facts that if true would constitute a breach by You of any of the foregoing representations or warranties.
You are prohibited from posting on or through the PuffCuff LLC Website or Your PuffCuff LLC Account any “Prohibited Submissions”, which shall include, but not be limited to, Submissions that are deemed in PuffCuff LLC’s sole discretion to be patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18); promote information that You know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promote an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violate someone’s privacy, or provide or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that You have posted without that person’s consent. PuffCuff LLC reserves the right to investigate and take appropriate legal action against anyone who, in PuffCuff, LLC’s sole discretion, violates this provision, including without limitation, removing the offending communication or Submission from the PuffCuff LLC Website or Your PuffCuff LLC Account, or any other web site hosted or maintained by PuffCuff LLC, and terminating the Accounts of such violators.
PUFFCUFF LLC DOES NOT ASSUME ANY RESPONSIBILITY FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS OR THE SUBMISSIONS OF ANY OTHER REGISTERED USERS THAT APPEAR ON THE PUFFCUFF LLC SITE OR YOUR PUFFCUFF LLC ACCOUNT.
PUFFCUFF LLC DOES NOT ASSUME ANY RESPONSIBILITY FOR MONITORING YOUR SUBMISSIONS, AND, IF AT ANY TIME PUFFCUFF LLC CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR SUCH SUBMISSIONS, PUFFCUFF, LLC NONETHELESS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE SUBMISSIONS, ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE OR INACCURATE SUBMISSIONS, OR ANY RESPONSIBILITY FOR YOUR CONDUCT IN SUBMITTING ANY SUBMISSION.
FURTHERMORE, PUFFCUFF LLC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ABILITY OF ANY PERSON TO RELY UPON ANY SUBMISSIONS SUBMITTED BY ANY REGISTERED USERS OF THE PUFFCUFF LLC WEBSITE, OR ANY SUBMISSIONS THAT YOU MAY POST TO YOUR PUFFCUFF LLC ACCOUNT, OR TO ANY OTHER SITE.
PuffCuff, LLC Website Security:
You are prohibited from violating or attempting to violate the security of the PuffCuff, LLC Web Site, including, without limitation:
1. Accessing data not intended for Your use, or logging onto a server or a PuffCuff LLC Account that You are not authorized to access.
2. Attempting to probe, scan or test the vulnerability of the PuffCuff, LLC Website or any PuffCuff LLC system or network, or to breach security or authentication measures utilized by PuffCuff, LLC on the PuffCuff LLC Website without proper authorization.
3. Attempting to interfere with PuffCuff, LLC’s service to any other PuffCuff LLC Account holder, or user of the PuffCuff LLC Website, host or PuffCuff LLC network, including, without limitation, via means of submitting a virus to the PuffCuff LLC Web Site, overloading, "flooding," "spamming," "mailbombing" or "crashing."
4. Sending unsolicited email, including promotions and/or advertising of products or services not otherwise expressly authorized or permitted by PuffCuff LLC.
5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of PuffCuff LLC’s system or network security may result in civil or criminal liability. PuffCuff LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users, including You, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the PuffCuff LLC Website or any activity being conducted on the PuffCuff, LLC Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the PuffCuff LLC Website other than the search engine and search agents available from PuffCuff, LLC on the PuffCuff, LLC Website and other than generally available third party web browsers (e.g., Firefox or Microsoft Explorer).
You agree to defend, indemnify and hold harmless PuffCuff, LLC, or any of its employees, officers, directors, subsidiaries, parents, affiliates, or agents (the “Indemnified Parties”) from any losses, expenses, damages, judgments, or penalties, including reasonable attorney’s fees and litigation expenses incurred at all levels of litigation, whether at trial or on appeal, arising from any allegations by a third party (a “Claim”) that, if proven to be true, would constitute a breach of Your representations, warranties or other obligations under this Agreement. A Claim subject to Your duties under this Section shall include any allegations made by a third party or a governmental agency against an Indemnified Party arising from Your use of the PuffCuff LLC Website or Your PuffCuff LLC Account, or Your marketing or resale of any product purchased from PuffCuff LLC through Your PuffCuff LLC Account. In the event of any Claim, the Indemnified Party shall provide You with prompt written notice of such a Claim, and will cooperate with You on reasonable terms and conditions in Your defense of any such Claim. You shall have the right to select legal counsel to defend any Claim subject to the Indemnified Party’s right to approve such selection. Notwithstanding the foregoing, any Indemnified Party shall have the right to engage independent legal counsel at its expense solely for the purpose of monitoring the progress of the defense or settlement of any Claim. You shall have the right to settle or compromise any Claim, provided that the Indemnified Parties shall have the right to consent to any such settlement or compromise that will materially diminish the Indemnified Parties’ rights under this Agreement, which consent the Indemnified Parties shall not unreasonably withhold or delay. This indemnification obligation shall survive any termination of Your PuffCuff LLC Account or Your right to use the PuffCuff LLC Website.
You acknowledge that PuffCuff, LLC has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release PuffCuff, LLC from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. PuffCuff, LLC makes no representations concerning any content contained in or accessed through the Site, and PuffCuff, LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PUFFCUFF, LLC uses reasonable efforts to provide accurate, complete, and current Content on the PUFFCUFF, LLC Website or on Your PUFFCUFF, LLC Account. Nevertheless, PUFFCUFF, LLC does not guarantee or warrant that the Content therein is accurate, complete, timely, or free of technical or typographical errors. It is Your responsibility to verify any Content displayed on Your PuffCuff, LLC Account.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT IS AT YOUR SOLE RISK. PUFFCUFF, LLC MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, AND THE CONTENT THEREON, WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU TAKE DELIVERY OF ANY PRODUCTS SOLD TO YOU THROUGH YOUR PUFFCUFF, LLC ACCOUNT, PUFFCUFF, LLC DOES NOT MAKE ANY WARRANTY CONCERNING THE QUALITY OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS PROVIDED ON OR THROUGH THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY CONTENT DISPLAYED THEREON. PUFFCUFF, LLC DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE, INCLUDING ANY ADVERTISER’S SITE. PUFFCUFF, LLC DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE PUFFCUFF, LLC SITE OR YOUR PUFFCUFF, LLC ACCOUNT AND OTHER USERS OF THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT. INFORMATION OBTAINED BY YOU FROM THE PUFFCUFF, LLC WEBSITE OR THROUGH YOUR PUFFCUFF, LLC ACCOUNT SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Advertising and Links:
You acknowledge and agree that PuffCuff, LLC may, at its sole discretion, place advertisements of, or hyperlinks to, third-party products available for sale through the PuffCuff, LLC Website. PuffCuff, LLC shall be entitled to retain all fees, if any, paid by third parties for such advertisements or hyperlinks. PuffCuff, LLC may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
PUFFCUFF, LLC DOES NOT MAKE ANY GUARANTEES OR REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES, OR SKILLS OF ANY ENTITIES THAT ARE ADVERTISED ON, OR LINKED TO OR FROM, THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, OR THE QUALITY OF THE PRODUCTS OR SERVICES THAT YOU MAY PURCHASE OR ACQUIRE FROM SUCH ENTITIES. IF YOU PURCHASE SUCH PRODUCTS OR SERVICES OR ENTER INTO A BUSINESS RELATIONSHIP WITH THE PROVIDERS OR SUCH PRODUCTS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND RISK. PUFFCUFF, LLC DOES NOT GUARANTEE OR WARRANT THE QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN PUFFCUFF, LLC. SHOULD YOU HAVE A DISPUTE WITH A THIRD PARTY ADVERTISER, YOU MUST ADDRESS THE DISPUTE WITH THAT ADVERTISER DIRECTLY, AND YOU HEREBY AGREE TO RELEASE PUFFCUFF, LLC, ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER ON THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT.
Limitation of Liability:
IN NO EVENT SHALL PUFFCUFF, LLC OR ITS SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PUFFCUFF, LLC PRODUCT, WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE PRODUCT, SITE, THE SERVICE, OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, REPLACEMENT COSTS, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TEN (10) DOLLARS. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
YOU AGREE THAT PUFFCUFF, LLC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR YOUR ACCESS, USE OR INABILITY TO USE THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED IN THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, OR THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT.
YOU SPECIFICALLY AGREE THAT PUFFCUFF, LLC IS NOT LIABLE FOR ANY CONDUCT BY YOU WHILE USING THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT. PUFFCUFF, LLC IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, INCLUDING ANY INJURY OR DAMAGE TO ANY YOUR, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT.
IN NO EVENT SHALL PUFFCUFF, LLC HAVE ANY RESPONSIBILITY OR LIABITY FOR RESULTING FROM YOUR USE OR THE INABILITY TO USE THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, ANY INFORMATION ACCESSIBLE ON THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, FROM ANY MESSAGES RECEIVED THROUGH THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PUFFCUFF, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to Your use of the PUFFCUFF, LLC Website or Your PUFFCUFF, LLC Account, or to interpret or enforce this Agreement WITHIN ONE (1) YEAR after such claim or cause of action arose OR BE FOREVER BARRED.
Trademarks and Intellectual Property Rights:
PuffCuff, LLC’s designs, products, graphics, logos, icons, scripts, and service names are registered trademarks, trademarks or trade dress of PuffCuff, LLC in the U.S. and/or other countries. PuffCuff, LLC’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. PuffCuff, LLC’s trademarks and trade dress may not be copied, imitated, or used, in whole or in part, without the prior written permission of PuffCuff, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PuffCuff, LLC or any PuffCuff, LLC affiliates or licensees without PuffCuff, LLC’s express written consent. You may not use any meta tags or any other "hidden text" utilizing the PuffCuff, LLC’s name or trademarks without the express written consent of PuffCuff, LLC.
The information displayed on the PuffCuff, LLC Website or Your PuffCuff, LLC Account, or any other PuffCuff, LLC product or service including, without limitation, text, artwork, graphics, logos, icons, images, audio clips, digital downloads, prices, product and service descriptions, and data compilations (collectively, “Content”), is the property of PuffCuff, LLC, the third parties from whom PuffCuff, LLC acquires products for resale, or other PuffCuff, LLC licensors. Such Content is protected by U.S. and international trademark, patent, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such Content, other than as permitted in this Agreement. Systematic retrieval of data or other Content from the PuffCuff, LLC Website or Your PuffCuff, LLC Account, or any other PuffCuff, LLC service to prepare any collection, compilation, database, or directory is strictly prohibited.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PUFFCUFF, LLC, NOR ANY THIRD PARTY, HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE PUFFCUFF, LLC WEBSITE OR YOUR PUFFCUFF, LLC ACCOUNT. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS AGREEMENT.
Errors, Inaccuracies and Omissions:
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PuffCuff, LLC may terminate or suspend any and all Services and your PuffCuff, LLC Account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your PuffCuff, LLC account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind PuffCuff, LLC in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. PuffCuff, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PuffCuff, LLC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sublicensable by you except with PuffCuff, LLC’s prior written consent. PuffCuff, LLC may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of Georgia as if made within Georgia between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Cobb County, Georgia and the United States District Court for Georgia. Notwithstanding the foregoing sentence, (but without limiting PuffCuff, LLC’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by the joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Atlanta, Georgia using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement and Survival of Terms:
Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing approved by both parties, except as otherwise provided herein. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Both parties acknowledge that the obligations and liabilities of the Parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Georgia.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of PuffCuff line of products.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use/engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Marietta, GA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which PuffCuff LLC’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
869 Pickens Industrial Drive - Suite 2
Marietta, GA 30062
Last Updated: 28 June 2019