Puffle
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Terms & Conditions

Please read this carefully.

Terms of Use

PLEASE READ THIS CAREFULLY. By accessing this website, you have hereby agreed to these terms, and will be bounded by it. Should you find these terms to be disagreeable, PLEASE LEAVE NOW.

 

Last Modified: 19th November 2016

 

GENERAL TERMS:

1.     Acceptance of the Terms of Service a) Welcome to the website of Puffle.io/PuffleMail.com (“Puffle”, "Puffle Technologies, Inc.", “Puffle Mail”, "Company", “company”, "we", "us" or “our”). The following terms and conditions together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your interaction with the Company and your access to and use of www.puffle.io and www.pufflemail.com (collectively, “Puffle.io”), including any content, functionality and services offered on or through www.Puffle.io (the "Website"), whether as a guest or a registered user.

2.     Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. Be forewarned that by simply using and accessing this website, you have agreed to the terms and conditions set forth herein.

3.     IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OF THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

4.     By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

CHANGES TO THE TERMS OF USE:

1.     We keep this document up-to-date. The last time we revised this document was on NOVEMBER 19TH, 2016. If you haven’t read this document since then, please give it another run through. We will notify you of any changes to our privacy policy, but please periodically check this document to you to make sure you’ve read the latest version.

2.     We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, regardless if you were notified of the changes or not, or have taken note of them.

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

 

SERVICES PROVIDED BY THE COMPANY:

1)    By accessing, using, registering for, submitting information or requests through, or purchasing anything from or through the Company or through the use of this Website, you expressly acknowledge and agree to the following:

a.     THE COMPANY IS NOT A SHIPPING COMPANY OR A FIRM THAT PURCHASES PRODUCTS FOR YOU, AND PROVIDES ABSOLUTELY NO SHIPPING SERVICES WHATSOEVER.

b.     The company is a mail-forwarding service that connects its users (including you) with independent shipping companies, who provide you with the shipping services (collectively, the “Provider” or “Providers”).

c.     The Company uses its own proprietary software, technology, and methods to facilitate, enhance and make more efficient, the interaction between you and the Providers you may work with through the Company or the Website.

d.     You may request, through the Company or Website, certain shipping and shopping services from Providers (the “Services”).

e.     Once the company has received an order (“Submission Form”), comprising of a link to an ecommerce site, an email address and a shipping address, the company is free to use this information to provide you with a “quote” of how much the item will ship for.

f.      You are free to accept, reject, or negotiate this charge. The company is not obligated to accept any of the offers made by you, or even respond to it.

g.     If you have accepted the charge, you shall provide the Company with the payment requested or demanded, in no more than three (3) business days. This payment will be handled securely, and the company, although not obliged, will seek to ensure that your financial details are dealt with securely.

h.     However, should to company decide to provide you with the service, the company will, on your behalf, purchase the item as requested by you, per your link in the initial Submission Form.

i.      You agree that the link provided in the Submission Form is: 1) unchangeable and 2) the item you desire, and will not seek to change or dispute the link given thereafter.

j.      Upon using an external shipping provider to ship the item to you, you will accept the items “as is”. For its part, the company will seek to notify, although it is not obligated to, you if the item was received damaged by the company.

k.     However, once the item is handed off to the Providers, the company holds no liability in how the product is handled, and how you will receive it.

l.      No binding contract will be created between you and any Providers simply by you accessing, using, registering for, submitting information, or pay through, or otherwise interacting with the Company or Website.

m.   Upon receiving the product from the Providers, you hereby agree that you will not hold the company liable, or ask for a refund, or litigate against the company, since the company has zero liability the moment it hands off the item you requested to the Providers.

n.     The act of handing off the item to the Providers ends the Company’s services to you.

o.     The Company is not, and shall never be, a party to any relationship, engagement, dispute, or agreement that may arise between you and a Provider through your interaction with the Company and/or the Website.

p.     THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY, AND SHALL NOT BE HELD LIABLE FOR, ANY BREACH OF CONFIDENTIALITY THAT MAY RESULT FROM YOUR INTERACTION WITH THE COMPANY, THE WEBSITE, OR ANY PROVIDER YOU MAY INTERACT WITH THROUGHOUT THE COMPANY AND/OR WEBSITE.

q.     The Company, as a courtesy, but is not obliged to, vet each Provider before initiating Services requested. The Company has no affiliation with these Providers, and will urge you, if appropriate, to litigate against these Providers instead of the Company to fix your grievances – as the Company is not responsible for their actions, or indeed, your product once it exits the hands of the Company.

r.      Once the Company purchases, or otherwise receives a product that you have requested from the link in the Submission Form, the Company’s responsibilities only begin the product is in the hands of the Company.

s.     The Company is not, and will never be, obliged to provide you with a refund should the product not arrive at the Company without damage, or indeed, if it arrives at all from the time that the Company receives your payment and purchases or receives the product on your behalf.

t.      The Company does not warrant or guarantee that Providers maintain, or are covered by, insurance policies, whether general liability, errors and omissions, data breach, or any other type of insurance coverage.

u.     Providers who offer their shipping and ecommerce services through the Company and/or the Website may be subject to laws, regulations, rules and restrictions in the U.S. state or country where such Provider is located. The Company does not warrant, guarantee, or provide any assurances of Provider compliance with applicable laws. You are solely and exclusively responsible for ensuring that any Provider you interact with through the Company or Website is compliant with applicable laws, regulations, rules or restrictions in providing services to you.

v.     Though the Website may, as a courtesy (but not obliged to), provide you with access to information and with customer service throughout your use of our interface, the Company and its employees, contractors, officers, directors, managers or members are never (and never will be) your agents or representatives at any time, in any capacity.

w.   Accordingly, you expressly agree to NOT hold the Company liable for any damages that may arise from any advice, opinions, work products or services (including any errors and omissions) that you received or may receive through your interaction with the Company or your use of the Website.

x.     By requesting, soliciting, and/or utilizing services of Providers, whether through your interaction with the Company, the Website, or otherwise, you expressly agree to NOT hold the Company liable for any damages that may arise from the services or software that you receive.

 

 

PAYMENT AND STORAGE OF FUNDS

 

1.     Through this website, or a third-party payment gateway selected by the Company, will have the ability to submit payment for Services.

2.     In the event that you make such a purchase and/or provide payment through the Website, you acknowledge and expressly agree to the following: a) The Company is NOT a party to any agreement or engagement for the performance of services or the punctuality thereof, entered into between you and any Provider.

3.     No binding contract will be created between you and any Providers, or even the Company, solely with the act of submitting payment through the Website. The only formal agreement that will and can exist is if you, as a customer, provides the Company with a written one and provides the company with up to ninety (90) business days to review it.

4.     All funds paid by you are deposited and stored at a major bank United States bank in an account held by the Company.

5.     The fees paid by you will be held by the Company until the Services requested by you have been initiated. At which point the amount of the funds that have been earned by the Provider with whom you have contracted to provide the agreed-upon services will be paid to the Provider.

6.     Additional terms and conditions may also apply to specific portions, services or features, whether or not they are provided through the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

7.     THE COMPANY WILL NEVER BE HELD LIABLE FOR MORE THAN ONE-HUNDRED UNITED STATES DOLLARS FOR ANY DAMAGES OR LIABILITY. THE COMPANY IS ALSO UNDER ZERO OBLIGATION TO PROVIDE YOU WITH A REFUND, REGARDLESS OF WHAT HAPPENS.

8.     While the Company may conduct a good faith review out of goodwill in ten (10) business days upon notification of an incident, it is not obliged to.

9.     You agree not to file chargebacks against the Company, it’s third-party software payment gateway, or through the gateway by which you have submitted your payment without notifying the Company at least five (5) business days ahead, and allowing the Company to conduct a good faith review.

 

COURT ORDERS

 

We reserve the right to disclose the information you provide to Us, through your use of the Website or otherwise, if we are compelled to do so by a court order, at the request of a government agency, or by other requirement of the law, if we, in good faith, believe such disclosure is advisable and necessary.

 

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

 

1.     We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

2.     You are responsible for:

   a)  Making all arrangements necessary for you to have access to the Website.

   b) Ensuring that all persons who access the Website through your internet          connection are aware of these Terms of Use and comply with them.

   c) To access the Website or some of the resources it offers, you may be asked to        provide certain registration details or other information. It is a condition of your use   of the Website that all the information you provide on the Website is correct,    current and complete. You agree that all information you provide to register with   this Website or otherwise, including but not limited to through the use of any     interactive features on the Website, is governed by our Privacy Policy                           and you consent to all actions we take with respect to your information consistent       with our Privacy Policy.

   d) If you choose, or are provided with, a user name, password or any other piece of     information as part of our security procedures, you must treat such information as         confidential, and you must not disclose it to any other person or entity. You also          acknowledge that your account is personal to you and agree not to provide any        other          person with access to this Website or portions of it using your user name,    password or other security information. You agree to notify us immediately of any      unauthorized access to or use of your user name or password or any other          breach of security. You also agree to ensure that you exit from your account at the      end of each session. You should use particular caution when accessing your   account from a public or shared computer so that others are not able to view or          record your password or other personal information.

   e) We have the right to disable any user name, password or other identifier, whether          chosen by you or provided by us, at any time if, in our opinion, you have violated any         provision of these Terms of Use.

 

NON-DISCLOSURE POLICY

 

BY ENGAGING THE SERVICES OF THIS COMPANY, AND/OR USING THIS WEBSITE, YOU HEREBY AGREE WITHOUT RESERVATION THAT ALL COMMUNICATION (INCLUDING ELECTRONIC COMMUNICATION AND MESSAGES) BETWEEN YOU AND THE COMPANY WILL BE HELD CONFIDENTIAL AND WITH ABSOLUTE SECRECY, AND THAT YOU WILL NOT SEEK TO DISTRIBUTE OR DISSEMINATEANY COMMUNICATION BETWEEN YOURSELF AND THE COMPANY. THE COMPANY, HOWEVER, MAY AS, ON A NEEDED BASIS, DISCLOSE COMMUNICATIONS BETWEEN YOURSELF AND THE COMPANY. YOU ARE HEREBY NOTIFIED THAT YOU ARE NOT ENTITLED TO DO THE SAME; THIS AGREEMENT AND POLICY BETWEEN YOURSELF AND COMPANY IS TO BE ENFORCED IN PERPETUITY. THE COMPANY MAY AND WILL INITIATE LEGAL ACTION AGAINST YOU IN THE EVENT THAT THIS POLICY IS BROKEN BY YOU.

 

INTELLECTUAL PROPERTY RIGHTS TO WEBSITE CONTENT

 

a) The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that are created by the Company, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

 

i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

 

ii. You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

c) You must not:

 

i. Modify copies of any materials from this site.

 

ii. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

 

d) If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

e) All rights not expressly granted herein are expressly reserved by the Company.

 

PROHIBITED USES

 

a) You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: iii. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). iv. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing). v. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

b) Additionally, you agree not to: i. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

 

ii. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

iii. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

 

iv. Use any device, software or routine that interferes with the proper working of the Website.

 

v. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. vi. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

 

vii. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

viii. Otherwise attempt to interfere with the proper working of the Website.

 

Monitoring and Enforcement; Termination a) We have the right to: i. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. ii. Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

b) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

Reliance on Information Posted a) The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. c) This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

GEOGRAPHIC RESTRICTIONS

 

The owner of the Website is based in the State of CALIFORNIA in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

TO REITERATE, THE COMPANY HAS THE RIGHT TO REJECT ANY AND ALL OFFERS, IS NOT OBLIGATED TO PROVIDE SERVICES TO ANYONE, AND CANNOT BE HELD LIABLE TO THE EFFECTS THEREOF.

 

WARRANTIES

 

a) You warrant that the content you submit to us, whether through the Website or otherwise:

 

i. Is not illegal or unlawful.

 

ii. Is not known by you to be false, inaccurate or misleading.

 

iii. Does not infringe anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

 

iv. Does not violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

 

v. Does not contain any computer virus, worms, or other potentially damaging computer programs or files.

 

vi. Shall not give rise to legal action whether against you, us, or any other third party.

 

vii. Does not violate any agreements you may have with any third party

 

viii. Is not, and has NEVER been, the subject of any threatened, pending, or actual legal action of any kind or of any other similar complaint.

 

DISCLAIMER OF WARRANTIES

 

a) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

b) YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

c) THE COMPANY MAKES NO REPRESENTATIONS AND PROVIDES ABSOLUTELY NO WARRANTIES OR GUARANTEES WHATSOEVER IN RELATION TO ANY ADVICE, OPINIONS, WORK PRODUCTS OR SERVICES (OR FOR THE CONSEQUENCES THEREOF) THAT YOU RECEIVED OR MAY RECEIVE FROM PROVIDERS, WHETHER THROUGH YOUR INTERACTION WITH THE COMPANY, YOUR USE OF THE WEBSITE, OR OTHERWISE.

 

d) THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

Limitation on Liability

a) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

b) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ADVICE, OPINIONS, WORK PRODUCTS OR SERVICES (OR FOR THE CONSEQUENCES THEREOF) THAT YOU RECEIVED OR MAY RECEIVE FROM PROVIDERS, DELAYS IN COMPLETION OR AVAILABILITY OF PRODUCTS OR SERVICES, WHETHER THROUGH YOUR INTERACTION WITH THE COMPANY, YOUR USE OF THE WEBSITE, OR OTHERWISE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your interaction with any Provider (whether through the Company, the Website, or otherwise), any products or services you receive from any Provider, or your use of the Website, including, but not limited to, any use of the Website's or Company’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction

 

a) All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of CALIFORNIA without giving effect to any choice or conflict of law provision or rule (whether of the State of CALIFORNIA or any other jurisdiction).

 

b) Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of CALIFORNIA, IN THE CITY OF LOS ANGELES, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Governing Law and Jurisdiction

a) If any controversy or claim arising out of, or in any way related to, this Agreement is not resolved in a reasonable manner, at the request of either Party, the matter will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration panel (the “Arbitrator”) shall consist of one (1) arbitrator. Each Party shall appoint one neutral arbitrator, and those two arbitrators shall agree upon and appoint the neutral Arbitrator who will preside over the matter. In the event that the Parties or their appointed arbitrators cannot reach agreement on the Arbitrator for any reason, the Parties shall request that the American Arbitration Association appoint the Arbitrator according to its rules and procedures. The arbitration will take place in LOS ANGELES, CALIFORNIA (or another location mutually agreed upon by the Parties). The arbitration award will be valid and binding upon the parties, and judgment thereon may be entered and enforced as a final judgment in any court with competent jurisdiction.

 

b) However, claims by PUFFLE.IO for injunctive relief or other equitable relief may be filed in the state or federal courts of CALIFORNIA (or any other jurisdiction selected by PUFFLE.IO for such action) for an order effective until the conclusion of arbitration and enforcement of the arbitration award, and such claims may be filed without a good faith attempt to resolve the issues underlying such claims.

 

c) You may not, under any circumstances whatsoever, initiate a class-action lawsuit and or any litigation similar in spirit against PUFFLE.IO.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN FIFTEEN (15) BUSINESS DAYS MONTH AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

a) No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

b) If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, 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.

 

Entire Agreement

The Terms of Use, our Privacy Policy, and our Non-Disclosure Agreement constitute the sole and entire agreement between you and PUFFLE.IO with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

IN LIGHT OF THE FORGOING, YOU HEREBY AGREE THAT SHOULD ANY ONE OF THE ABOVE PROVISIONS ARE INVALIDATED IN A COURT OF LAW, THE REMAINING PROVISIONS WILL REMAIN IN EFFECT, AND THAT YOU WILL ABIDE ACCORDINGLY.

 

YOUR COMMENTS, CONCERNS AND REQUESTS

Please direct them to: support@puffle.io via email.