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Terms of Service

Terms of Use for The PuffCuff and PuffCuff Male

These Terms of Use were updated as of November 15, 2021

The PuffCuff, LLC DBA PuffCuff Male ("PuffCuff" or “we”, “us”, or “our”), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA HTTP://THEPUFFCUFF.COM ITS SUBDOMAINS (COLLECTIVELY, THE "SITES"), AND ANY APPLICABLE APPLICATIONS (HEREINAFTER REFERRED TO AS THE "APPS"), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN (THE "TERMS OF USE") (TOGETHER WITH OUR PRIVACY POLICY AND ANY OTHER DOCUMENTS REFERRED TO HEREIN). FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS, AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, "LOOK AND FEEL" AND ARRANGEMENT OF SUCH CONTENT.

    1. Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND PUFFCUFF'S PRIVACY POLICY CAREFULLY. BY USING THE SITE AND APPS, ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE, OR OTHER DEVICES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITES IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES, OUR APPS, AND ANY OF THEIR CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE PUFFCUFF PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO USE THE APPS. YOUR USE OF THE SITES AND APPS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. PUFFCUFF CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE AND APPS. IF YOU DO NOT CEASE USING THESE SITES AND APPS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. 

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with PuffCuff or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this platform. Notwithstanding anything else to the contrary contained in these Terms of Use, PuffCuff's use of any personally identifiable information (name, etc.) you provide via the Sites shall be governed by our Privacy Policy. For further information regarding PuffCuff's protection of your personal information, please refer to our Privacy Policy.

You are expected to check this page from time to time to take notice of any changes PuffCuff has made, as they are binding on you.

  1. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sites thereafter. However, any changes to the dispute resolution provisions or Governing Law will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Sites. 

Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Sites so you are aware of any changes, as they are binding on you.

  1. Use and Restrictions.

The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.

The Sites and Apps are provided solely as a convenience to you for personal use (not for profit or resale). You may access and use the Sites and Apps only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that PuffCuff, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites and Apps. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Apps or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites and Apps; (f) other than for your use of the Sites and Apps as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites and Apps are hosted or modify or alter the Sites and Apps in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites or Apps; (h) use, frame or utilize framing techniques to enclose any PuffCuff trademark, logo or other proprietary information (including the images found at the Sites and the Apps, the content of any text or the layout/design of any page or form contained on a page) without PuffCuff's express written consent; or (i) use any meta tags or any other "hidden text" utilizing a PuffCuff name, trademark, or product name without PuffCuff's express written consent.

Any unauthorized use of the Sites and Apps will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites and Apps, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

For EU residents only: If accessing the Sites from outside of the EU (excluding the UK), Norway, and Switzerland, the Contents on the Sites are displayed solely for the purpose of promoting PuffCuff's products available within the European Union (excluding the UK), Norway and Switzerland.

  1. Copyright.

The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of PuffCuff and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws and may not be used except in accordance with these Terms of Use or with PuffCuff's express written consent. Other than as necessary for your use of the Sites and Apps in accordance with these Terms of Use, PuffCuff grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Content. Any Content owned by PuffCuff's licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Apps, Sites, and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smartphone, tablet or another medium for publication or distribution or for any commercial enterprise, without PuffCuff's express prior written consent.

If you print, copy or download any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at PuffCuff's option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the sites for your personal non-commercial purposes. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. PuffCuff's status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.

  1. Trademark.

All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites and Apps are proprietary to PuffCuff or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of PuffCuff, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of PuffCuff or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PuffCuff.

  1. Copyright and Trademark Infringements.

Notification:

PuffCuff respects the intellectual property rights of others, and we ask you to do the same. PuffCuff may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide PuffCuff's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit PuffCuff to locate the material.
  • Information reasonably sufficient to permit PuffCuff to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PuffCuff's agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:

By email: customerservice@thepuffcuff.com

By mail:
PuffCuff, LLC
869 Pickens Industrial Drive - Suite 5
Marietta, Georgia US 30062

 Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  1. Your Account.

PuffCuff allows users of the Sites and Apps to create an account to track their orders and receive other benefits. If you purchase products or services through your PuffCuff account using the Sites and Apps, you are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites and Apps that occur under your account or your account password.

You agree to immediately notify PuffCuff of any unauthorized use of your password or account or any other breach of security by CONTACTING US. We have the right to disable any account or password at any time, for any reason. 

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.

You acknowledge and agree that PuffCuff may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites and Apps, and all information relating to the use of the Sites and Apps under your account or account password if PuffCuff is required to do so by law or legal process or if PuffCuff determines, in its sole discretion, that such action is necessary to protect the rights of PuffCuff, third parties, and other users of the Sites and Apps or for purposes of responding to your request for customer service. PuffCuff's right to disclose any such information shall govern over any terms of our Privacy Policy.

  1. Terms of Sale.

All product sales from the Sites and Apps are governed by any terms of sale that may be posted on the Sites and Apps. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, at PuffCuff's sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Sites.

  1. Electronic Communications.

You consent to receive electronic communications from PuffCuff either in the form of an email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication is in writing.

You agree that PuffCuff may use and/or disclose information consistent with its Privacy Policy.

  1. User Conduct and Submissions.

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas, and any other content or material that you submit, upload, post or otherwise make available on or through the Sites and Apps (each a "Submission") and through the services available in connection with the Sites and Apps, and that you, and not PuffCuff, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to PuffCuff. You represent that the posting and use of your Submission on or through the Service do not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Unless otherwise explicitly stated herein or in the PuffCuff Privacy Policy, you agree that any Submission provided by you in connection with the Sites and Apps is provided on a non-proprietary and non-confidential basis.

You agree that PuffCuff is free to use a Submission for the purpose of providing you and others with the use of the Sites and Apps and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to PuffCuff under these Terms of Use, you grant PuffCuff a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.

In addition, to the extent any Submission contains your or any other person's name, likeness, voice, or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to PuffCuff a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of PuffCuff products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and PuffCuff is under no obligation to treat such Submissions as proprietary information except pursuant to PuffCuff's Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to PuffCuff set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites, Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps, and/or the services, you agree not to, without limitation:

  • use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by PuffCuff;
  • use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
  • take any action that imposes or may impose (in PuffCuff's sole discretion) an unreasonably or disproportionately large load on PuffCuff's infrastructure;
  • attempt to gain unauthorized access to PuffCuff computer network or user accounts;
  • encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • attempt to damage, disable, overburden, or impair PuffCuff servers or networks;
  • fail to comply with applicable third party terms;
  • defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • use racially, ethnically, or otherwise offensive language;
  • discuss or incite illegal activity;
  • use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • post anything that exploits children or minors or that depicts cruelty to animals;
  • post any copyrighted, trade secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person's name, likeness, voice, or biographical information without the express permission from such person (or if that person is a minor, from that person's parent or legal guardian);
  • disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters, 'pyramid schemes, or any other form of such solicitation;
  • use any robot, spider, scraper, or other automated means to access the Sites or Apps; and
  • alter the opinions, goals, profiles, or comments posted by others on the Sites and Apps.

This list of prohibitions provides examples and is not complete or exclusive. PuffCuff reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or Apps (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that PuffCuff determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Sites, Apps and/or services. PuffCuff may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at PuffCuff's discretion, PuffCuff will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps, or on the Internet.

PuffCuff takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, PuffCuff is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require PuffCuff to monitor, police, or remove any Submissions or other information submitted by you or any other user.

PuffCuff prohibits crawling, scraping, caching, or otherwise accessing any content on the Sites and Apps via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with PuffCuff's express consent).

It is PuffCuff's policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, PuffCuff does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that PuffCuff is free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

  1. Modifications.

Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, PuffCuff reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites and Apps, at any time and from time to time.

  1. Indemnification.

You agree to defend, indemnify and hold harmless PuffCuff, its affiliates, and their respective directors, officers, employees, and agents (each an “Indemnified Party”) against any losses, liabilities, claims, expenses (including attorney's fees) as a result of (i) your Submission or your access to or use of the Sites and Apps; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you (all, “Claims”). This means that you will be responsible for any loss or damage we suffer as a result of your breach of these Terms of Use.

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 Site or App, or your marketing or resale of any product purchased from us.  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 these Terms of Use, which consent the Indemnified Parties shall not unreasonably withhold or delay.  This indemnification obligation shall survive any termination of your account through the Site or App or your right to use the Site or App.

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 an 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.

  1. Advertising and Links to Third-Party Websites.

You acknowledge and agree that PuffCuff may, at its sole discretion, place advertisements of, or hyperlinks to, third-party products available for sale through the Site or App.  PuffCuff does not control such websites and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Sites and Apps does not imply any endorsement of any website or the content, products, or services offered, advertised, endorsed, or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

PuffCuff shall be entitled to retain all fees, if any, paid by third parties for such advertisements or hyperlinks.  PuffCuff 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 Use.

Although the third-party product or service providers may be advertised or listed on the PuffCuff Site and App or your PuffCuff Account, PuffCuff is not responsible or liable if you link to such sites, or purchase any products or services through such sites.  Your dealings with the operators of such third-party websites are strictly between you and the company operating the site.  The PuffCuff Privacy Policy accessible herein (hyperlink) only governs your use of the PuffCuff Site, App, or accounts. You are strongly advised to review the terms of use agreements and privacy policies applicable to the use of any third-party sites before you interact with such sites, or provide any of your personally identifiable information to the operators of such sites. PuffCuff expressly disclaims any liability or responsibility to you for your dealings with the operators of such sites. 

PUFFCUFF 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 SITE OR APP OR YOUR PUFFCUFF 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 OF SUCH PRODUCTS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND RISK.  PUFFCUFF DOES NOT GUARANTEE OR WARRANT THE QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN PUFFCUFF.  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, 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 PUFFCUFF SITES, APPS, OR ACCOUNTS.

  1. Linking to the Sites.

You may link to our sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.

  1. Right to Change Sites.

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

  1. Viruses, Hacking, and Other Offences.

You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored, or any server, computer, or database connected to our Sites. You must not attack our Sites via a denial of service attack or distributed denial of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.

  1. Warranties and Disclaimer.

THE SITE, APPS, SUBMISSIONS, AND ANY CONTENT PROVIDED VIA THE SITE AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUFFCUFF DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, THE CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PUFFCUFF DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE OR APPS IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE AND APPS, YOU WARRANT TO PUFFCUFF THAT YOU WILL NOT USE THE SITES AND/OR APPS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

Nothing in these Terms of Use shall affect your legal rights under applicable consumer laws.

IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. PUFFCUFF THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, PUFFCUFF RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.

Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies, or other technical reasons. PuffCuff is not liable for these variants and deviations.

IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, PUFFCUFF MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH AN EVENT, PUFFCUFF WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASES.

  1. Limitation of Liability.

PUFFCUFF AND ITS AFFILIATES (INCLUDING PUFFCUFF MALE), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES, AND MALICIOUS CODE UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY PUFFCUFF'S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE WITH PUFFCUFF.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

WE UNDERSTAND THAT, IN SOME JURISDICTIONS WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED. ACCORDINGLY, IN RELATION TO GOODS AND SERVICES SUPPLIED BY PUFFCUFF IN THOSE JURISDICTIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, PUFFCUFF'S LIABILITY FOR BREACH OF ANY CONSUMER RIGHT OR GUARANTEE, WHICH CANNOT BE EXCLUDED, IS LIMITED AT THE OPTION OF PUFFCUFF TO:

(a) IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY PUFFCUFF, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION (i) THE SUPPLY OF THE SERVICES AGAIN, OR (ii) THE PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND

(b) IN THE CASE OF GOODS SUPPLIED OR OFFERED BY PUFFCUFF, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION (i) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (ii) THE REPAIR OF SUCH GOODS; (iii) THE PAYMENT OF THE COST OF THE REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (iv) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

You agree that any claim you may have arising out of or related to your relationship with PuffCuff must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

  1. Termination.

PuffCuff may terminate or suspend any and all Services and your PuffCuff Account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your PuffCuff account, you may simply discontinue using the Services.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 

  1. Arbitration.

At PuffCuff''s sole discretion, it may require you to submit any disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law. The arbitrator shall be chosen by the American Arbitration Association, each party shall pay for their own costs, and all arbitrations shall be held digitally (and not in-person). 

Notwithstanding the above, you may choose to pursue a dispute in court and not by arbitration if you opt-out of arbitration within 30 days from the date that you first consent to these Terms of Use. 

  1. Governing Law and Jurisdiction.

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites, Apps, and/or the Content must and will be venued exclusively in Cobb County, Georgia, United States. These Terms of Use and the relationship between you and PuffCuff will be governed by the laws of the State of Georgia, the United States, and the federal laws of the United States applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

  1. Severability.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Language.

The official language of these Terms of Use exclusively shall be, and all communications and agreements between PuffCuff and you and any proceedings in connection with these Terms of Use and/or your use of the Sites and Apps exclusively shall be made in the English language. PuffCuff and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of these Terms of Use will be for convenience only.

  1. No Partnership.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PuffCuff as a result of these Terms of Use, our Privacy Policy, or any use of the Sites and Apps. PuffCuff's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of PuffCuff's right to comply with law enforcement requests or requirements relating to your use of the Sites and Apps or information provided to or gathered by PuffCuff with respect to such use.

  1. Entire Agreement, Waiver, Rules of Construction, and Survival.

These Terms of Use and our Privacy Policy constitute the entire agreement between you and PuffCuff with respect to the Sites and Apps, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and PuffCuff with respect to the Sites and Apps. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  Any ambiguities in the interpretation of these Terms of Use 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.

  1. 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 these Terms of Use or in the performance of such obligations will place you in breach of any other contract or obligation. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind PuffCuff in any respect whatsoever. PuffCuff shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PuffCuff’s reasonable control. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with PuffCuff’s prior written consent. PuffCuff may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Subject to the PuffCuff Terms and Conditions and Privacy Policy, PuffCuff may offer one or more mobile messaging programs from time to time (each, a “Program”), which you agree to use and participate in the subject to these Mobile Messaging Terms and Conditions (the “Messaging Terms”). These Messaging Terms are limited to the Program and is not intended to modify the Terms of Use or Privacy Policy, which will continue to govern the relationship between you and us.

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 these Messaging Terms apply to your participation in the Program.  By participating in the Program, you agree to receive auto-dialed 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 these Messaging Terms, 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 an 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 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 customerservice@thepuffcuff.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 a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

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