DOCSOC/1799543v2/104403-0000
THE PUFFY APP, LLC
USER TERMS OF SERVICE
Last updated: April 4, 2017
These Terms of Service (the “Terms”) govern the relationship between The Puffy App, LLC
(hereinafter, “Puffy” “us,” or “we”) and you regarding your use of Puffy’s services, any website used
to facilitate use of the services (“Website”), Puffy’s mobile application (the App”), and any other of
Puffy’s products or services used to facilitate your use of such services (collectively the “Service”).
Use of the Service is also governed by Puffy’s Privacy Policy, the current version of which
can be found at [www.puffyapp.com/privacypolicy] (the “Privacy Policy”), which is incorporated
herein by reference.
IMPORTANT PLEASE READ CAREFULLY THESE TERMS CREATE A LEGALLY
BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICE. BY CREATING
AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICE OR
ANY CONTENT OFFERED THROUGH THE APP OR THE WEBSITE, YOU ACCEPT AND
AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.
IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING
THE SERVICE. IF YOU WERE USING A BETA VERSION OR OTHER VERSION OF THE
SERVICE OFFERED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, THESE TERMS
ALSO APPLY TO YOUR PAST USE OF THAT BETA OR OTHER VERSION OF THE
SERVICE.
If you are using the Service on behalf of another person or entity (the “Principal User”), then
you personally represent and warrant to us that the Principal User has authorized you to act on the
Principal User’s behalf and to obligate the Principal User to be bound by these Terms; you hereby
agree to these Terms in the name of and on behalf of the Principal User. Except in the prior
sentence, as used in these Terms (and the Privacy Policy and any other policies), “you” refers to the
Principal User on behalf of whom the service is used.
1. Right, License and Restrictions.
1.1. License Grant For Service. Subject to your agreement to, and continuing compliance
with, these Terms and any other relevant Puffy policies, Puffy grants you a non-exclusive, non-
transferable, revocable limited right and license to access and use the Service.
1.2. App Specific Terms. You may agree to be bound by other terms regarding use or
installation of the App and such terms continue to apply regardless of you agreeing to be bound by
these Terms except to the extent such other terms conflict with any of these Terms, these Terms shall
apply. You agree not to distribute or modify the App. You agree to always only use the latest
available version of the App and acknowledge that any use of an older version of the App may result
in some or all parts of the Service to not be available or to function properly. You agree not to
reverse engineer, decompile or otherwise attempt to view the source code for the App.
1.3. User Requirements, Representations and Warranties. An individual must be at least
18 years of age to use the Service. By creating and account and using the Service, you represent and
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warrant that you can form a binding contract with Puffy, you are not a person who is barred from
using the Service under the laws of the United States or any other applicable jurisdictionmeaning
that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or
face any other similar prohibition, and you will comply with this Agreement and all applicable local,
state, national and international laws, rules and regulations. If you create an account, you represent
and warrant that you have never been convicted of a felony and that you are not required to register
as a sex offender with any state, federal or local sex offender registry.
1.4. Accounts and Access. You must register for an Account in order to use the Service.
You may only register for one Account.
1.5. Use of the Service: The following restrictions apply to the use of the Service:
(a) You accept full responsibility for any unauthorized use of the Service by
parties not authorized to use your Account. Additionally, you are responsible for any use of your
credit card or other payment instrument (e.g. PayPal) incurred by parties using your Account;
(b) You shall not create an Account using a false identity or false information, or
on behalf of someone other than yourself;
(c) Without first obtaining the written permission of Puffy, you shall not register
for an Account or in any way use the Service if Puffy has removed, suspended, or otherwise
terminated any Account registered by you or on behalf of you or if Puffy has notified you that you
may not use the Service;
(d) You shall not use your Account to advertise, solicit or transmit any
commercial advertisements, including chain letters, junk email or repetitive messages to anyone;
(e) You shall not use the Service to engage in any illegal conduct including the
purchase or sale of illegal substances;
(f) You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your
Account to anyone without Puffys written permission;
(g) You shall not reproduce, distribute or publicly display any content you access
through the Service unless such content is clearly marked as “public” and you have been given the
right to view such content;
(h) You shall not do anything with any content you access through the Service
that has been marked with restrictions or other instructions that is counter to such restrictions or other
instructions; and
1.6. Account Information and Management.
(a) Information Provided When Setting Up Account. When creating or updating
an Account on the Service, you are required to provide Puffy with certain personal information for
yourself or for the individual acting on your behalf if you are a User who is not an individual, which
may include (but is not limited to) personal information such as name, birth date and email address,
and, in some cases, payment information (“Account Information”). Account Information will be
held and used in accordance with the Privacy Policy. You agree that you will supply accurate and
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complete Account Information to Puffy, and that you will update such information when and as it
changes. You represent that to your knowledge, any Account Information that is provided via your
sign-up to the Service via a third party website or application (such as by example only, registration
for the Service via Facebook) is accurate and that you are authorized to engage in setting up an
Account and providing Account Information via such third party website or application.
(b) Login Information. During the Account creation process, you will be
required to select a username and password (“Login Information”). The following rules govern the
security of your Login Information:
(i) You shall not share the Account or the Login Information, nor let
anyone else access your Account or do anything else that might jeopardize the security of your
Account;
(ii) In the event you become aware of, or reasonably suspect, any breach
of security, including without limitation any loss, theft or unauthorized disclosure of your Login
Information, you must immediately notify Puffy and change the password on your Account;
(iii) You are solely responsible for maintaining the confidentiality of your
Login Information and you will be responsible for all uses of your Login Information, whether or not
authorized by you; and
(iv) You are responsible for anything that happens through your Account.
(c) Reclaiming Usernames. Puffy reserves the right to remove or reclaim any
username at any time and for any reason or no reason, including but not limited to claims by a third
party that a username violates the third party’s rights.
1.7. License and Account Limitations and Prohibitions.
(a) General Effects of Violations. Any use of the Service in violation of these
Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by
Section 2, and may subject you to liability for violations of law. Puffy is permitted to list or restrict
use of the Service for anyone who Puffy reasonably believes has or will violate any applicable law
when using the Service.
(b) Activity Prohibitions. You agree that you will not, under any circumstances:
(i) Engage in any act that Puffy deems to be in conflict with the spirit or
intent of the Service, including but not limited to circumventing or manipulating these Terms;
(ii) Use the Service in connection with any violation of any applicable
law or regulation, or do anything that promotes the violation of any applicable law or regulation;
(iii) Modify or cause to be modified any files or content that are used to
offer the Service, without the express prior written consent of Puffy;
(iv) Disrupt, overburden, or aid or assist in the disruption or
overburdening of (1) any computer or server used to offer or support the Service (each a “Server”) or
(2) the use or enjoyment of the Service by any other person;
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(v) Institute, assist or become involved in any type of attack, including
without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts
to disrupt the Service or any other person’s use or enjoyment of the Service;
(vi) Gain, or attempt to gain, unauthorized access to the Service,
Accounts, Servers or networks connected to the Service by any means (including, but not limited to,
circumventing or modifying, or encouraging or assisting any other person to circumvent or modify,
any security, technology, device or software that is part of the Service);
(vii) Post any information that is abusive, threatening, obscene,
defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive;
(viii) Post any information that contains nudity, excessive violence or
offensive subject matter or that contains a link to such content;
(ix) Harass, abuse, harm, or advocate or incite harassment, abuse or harm
of another person or group of persons, including Puffy employees or customer service
representatives;
(x) Post, distribute or make available through the Service any material or
information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of
publicity or other right of any person or entity or impersonates any other person;
(xi) Transmit unauthorized communications through the Service,
including junk mail, chain letters, spam and any materials that promote malware, spyware and
downloadable items;
(xii) Interfere or attempt to interfere with the proper functioning of the
Service or connect to or use the Service in any way not expressly permitted by these Terms;
(xiii) Intercept, examine or otherwise observe any proprietary
communications protocol used by a client, a Server or the Service, whether through the use of a
network analyzer, packet sniffer or other device;
(xiv) Make any automated use of the Service or take any action that
imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on
our infrastructure, as we determine in our sole discretion;
(xv) Bypass any robot exclusion headers or other measures we take to
restrict access to the Service or use any software, technology or device to send content or messages,
scrape, spider or crawl the Service, or harvest or manipulate data from, through, or relating to the
Service;
(xvi) Use, facilitate, create or maintain any unauthorized connection to the
Service, including without limitation (1) any connection to any unauthorized server that emulates, or
attempts to emulate, any part of the Service or (2) any connection using programs, tools or software
not expressly approved in writing by Puffy;
(xvii) Copy, modify or distribute rights or content from any Puffy site,
including but not limited to content that contains or is protected by Puffy’s copyrights or trademarks
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or use any method to copy or distribute the content of the Service, except as specifically allowed in
these Terms;
(xviii) Solicit or attempt to solicit personal information from other Users,
other than from Users with whom you have an existing business relationship and only in connection
with a bona fide business purpose for which the Service is intended;
(xix) Collect, harvest or post anyone’s private information, including
personally identifiable information (whether in text, image, video, or other form), identification
documents or financial information through the Service; or
(xx) Upload or transmit (or attempt to upload or to transmit), without
Puffy’s express written permission, any material that acts as a passive or active information
collection or transmission mechanism, including, without limitation clear graphics interchange
formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as
“spyware,” “passive collection mechanisms” or “pcms”).
1.8. Suspension and Termination of Account and Service:
(a) FAILURE TO COMPLY. WITHOUT LIMITING ANY OTHER
REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND,
TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE
SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO
COMPLY WITH ANY OF THESE TERMS OR YOUR ACCOUNT IS USED FOR ACTUAL OR
SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICE. PUFFY SHALL
BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE
RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION, OR
DELETION OF YOUR OR ANY ACCOUNT.
(b) IP INFRINGEMENT.
(i) WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY
LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS
THEREOF, PROHIBIT ACCESS TO OUR SITES AND THEIR CONTENT, SERVICES AND
TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL
STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT
YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY
WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
(ii) REPEAT INFRINGERS. IN APPROPRIATE CIRCUMSTANCES
IT IS OUR POLICY TO SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE
REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
(c) Right to Cease Service. Puffy reserves the right to stop offering and/or
supporting the Service or part of the Service at any time, at which point the license granted hereunder
to you to use the Service or a part thereof will automatically terminate. Puffy shall not be required to
provide refunds, benefits or other compensation to Users in connection with such cessation of the
Service or any part thereof.
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(d) Termination of Account. Termination of your Account can include disabling
your access to the Service or any part thereof, including disabling access to any content that you or
other Users submitted. You agree that if your Account is terminated, Puffy will not be obligated to
preserve, provide you access to, or provide copies of any content submitted to the Service relating to
your Account, whether by you or an another User.
(e) Cancellation of Account. You may cancel your Account at any time by
sending an email to [thepuffyapp@gmail.com], which email shall include your name, Account
number, and reason for cancelling your Account.
1.9. Intellectual Property Ownership in the Service. The Service, and all of its
components and contents, (including without limitation any data, computer code, template content,
pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual
effects and text contained within) is owned by Puffy or its licensors, and all of which material is
protected by United States and international patent, copyright, trademark, trade secret, and other
intellectual property laws.
1.10. Obligation to Receive Communications. As a condition to your use of the Service,
you agree to allow Puffy to send you emails and other alerts related to the Service, your Account
Balances, and other promotions and alerts related to the Service.
2. Posted Content.
2.1. Posted Content: Posted Content” means any communications, videos, images,
sounds, and all the material, data, and information that you upload, post, publish or transmit through
the Service, including without limitation any comments you may make about content uploaded or
transmitted by other Users. We may provide you with templates, pre-populated communications, or
other content through the Service (“Template Content”) that you may distribute, use or modify as
part of using our Service to communicate with other Users in a manner consistent with the intended
use of the Service. You acknowledge that your use of any Template Content does not relieve you of
any responsibilities or obligations under this Agreement. By transmitting or submitting any Posted
Content while using the Service, you affirm, represent and warrant that such transmission or
submission: (a) is accurate and not confidential; (b) is not in violation of any applicable law,
contractual restrictions or other third party rights, and that you have permission from any third party
whose personal information or intellectual property is comprised in the Posted Content; (c) will not,
when Puffy exercises rights in Posted Content granted under these Terms, result in any infringement
of the intellectual property rights of any third party or violate or misappropriate any rights of
publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other
malicious code. You further represent and warrant that you have all rights necessary to transmit
Posted Content to Puffy and to grant the rights in Posted Content granted to Puffy under these Terms.
2.2. Licenses to Posted Content: You hereby grant Puffy a perpetual and irrevocable
(other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable,
unlimited license and right to host, store, use, display, copy, reproduce, edit, fix, adapt, modify,
improve, translate, reformat, create derivative works of, manufacture, introduce into circulation,
publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to
electronically, broadcast, communicate to the public by telecommunication, display, perform, enter
into computer memory, and use and practice, in any way now known or in the future discovered,
your Posted Content as well as all modified and derivative works thereof. To the extent permitted by
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applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you
may have in any Posted Content. Puffy will cease any further public display or distribution of any
Posted Content if you use the features of the Service that permit you to indicate that certain Posted
Content is to no longer be displayed or distributed to other Users except Puffy retains the right to
display or distribute any Posted Content as necessary for Puffy to fulfill its legal duties or in
connection with bringing or defending any legal claims or actions that may arise now or in the future.
2.3. Content Screening.
(a) Consent to Monitoring. By entering into these Terms, you hereby provide
your irrevocable consent to our monitoring and recording of your use of the Service. You
acknowledge and agree that you have no expectation of privacy vis a vis us or any of our service
providers who provide services to us or you as part of Service concerning the transmission of any
information, including without limitation chat, text or voice communications.
(b) Options Regarding Posted Content. Puffy may reject, refuse to post or delete
any or all Posted Content for any or no reason, including, but not limited to the reason that, in the
sole judgment of Puffy, that the contents or posting or other use of such Posted Content in connection
with the Service violates these Terms.
2.4. User Interactions and Legal Problems; Releases.
(a) You hereby release us, and our officers, directors, agents, subsidiaries, joint
ventures and employees, from any and all claims, demands, and damages (actual and consequential)
of every kind and nature, known and unknown, arising out of or in any way connected with any
dispute that arises between you and one or more other Users. If you are a California resident, you
acknowledge that you are aware of, and hereby waive your rights under the provisions of California
Civil Code Section 1542, which provides: 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.
(b) Puffy is not responsible for the conduct of any user. In no event shall the
Puffy, its affiliates or its partners be liable (directly or indirectly) for any losses or damages
whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental,
arising out of or relating to the conduct of you or anyone else in connection with the use of the
Service including, without limitation, death, bodily injury, emotional distress, and/or any other
damages resulting from communications or meetings with other Users or persons you meet through
the Service. You agree to take all necessary precautions in all interactions with other Users,
particularly if you decide to communicate off the Service or meet in person, or if you decide to send
money to another User. You should not provide your financial information (for example, your credit
card or bank account information), or wire or otherwise send money, to other Users. YOU ARE
SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU
UNDERSTAND THAT PUFFY CURRENTLY DOES NOT CONDUCT CRIMINAL
BACKGROUND CHECKS ON ITS USERS. PUFFY ALSO DOES NOT VERIFY THE
STATEMENTS OF ITS USERS. PUFFY MAKES NO REPRESENTATIONS OR WARRANTIES
AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR
FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL
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BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER
SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
3. Fees and Purchase Terms. You agree to pay any and all fees and applicable taxes incurred by
you or anyone using an Account registered to you. Any required fees will be specified as part of the
Service or when you register your Account. Puffy reserves the right to charge fees for any parts of
the Service that may have previously been offered without a fee. You agree that Puffy in the future
may offer premium services as part of the Service that may require fees or additional fees. Puffy
may revise the pricing for the goods and services offered through the Service at any time. YOU
ACKNOWLEDGE THAT PUFFY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY
REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION
FOR UNUSED PRODUCTS AND SERVICES WHEN YOUR ACCOUNT IS CLOSED,
WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. Third Party Advertising.
4.1. Third Party Advertisements. You understand that the Service may feature
advertisements from Puffy or third parties. The Privacy Policy addresses our disclosure of
information for third party advertising.
4.2. Links to Third Party Sites and Dealings with Advertisers. Puffy may provide links on
the Service to third party websites or vendors who may invite you to participate in a promotional
offer in return for receiving a benefit. Any charges or obligations you incur in your dealings with
these third parties are your responsibility. Puffy makes no representation or warranty regarding any
content, goods, or services provided by any third party even if linked from our Service, and we will
not be liable for any claim relating to any third party content, goods, or services. The linked sites are
not under the control of Puffy and may collect data or solicit personal information from you. Puffy is
not responsible for their content, business practices or privacy policies, or for the collection, use or
disclosure of any information those sites may collect. Further, the inclusion of any link does not
imply endorsement by Puffy of these linked sites.
5. Copyright Notices; Complaints. It is Puffy’s policy to respond to notices of alleged
copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”).
Puffy reserves the right to terminate without notice any User’s access to the Service if that User is
determined by Puffy to be a “repeat infringer.” In addition, Puffy accommodates and does not
interfere with standard technical measures used by copyright owners to protect their materials.
6. Updates to the Service. You understand that the Service undergoes frequent changes. Puffy
may require that you accept updates to the Service in order to continue using the Service. You
acknowledge and agree that Puffy may update the Service without notifying you.
7. Disclaimer; Limitations; Waivers on Liability; Indemnification.
7.1. Disclaimer of Warranties.
(a) SERVICE PROVIDED “AS IS”. YOU EXPRESSLY AGREE THAT USE
OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-
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INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
(EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY
LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR
DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
(b) NO WARRANTY OF ERROR-FREE OPERATION. WITHOUT
LIMITING THE FOREGOING, NEITHER PUFFY NOR ITS AFFILIATES OR SUBSIDIARIES,
OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY
CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, DISTRIBUTORS,
LICENSEES OR LICENSORS (COLLECTIVELY, PUFFY PARTIES”) WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
(c) NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND
CONTENT. PUFFY DOES NOT WARRANT THAT ALL CONTENT OR INFORMATION
POSTED BY A USER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE
DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. PUFFY DOES NOT WARRANT
THAT THE SERVICE, USER INFORMATION OR ANY INFORMATION POSTED BY AN
USER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL OR ENTITY WHO EITHER
HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR
INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY PUFFY OR THROUGH THE
SERVICE.
(d) NO WARRANTY REGARDING USE OF THE SERVICE. PUFFY DOES
NOT WARRANT THAT YOUR HEALTH WILL IMPROVE AS A RESULT OF YOUR USE OF
THE SERVICE.
7.2. Limitations; Waivers of Liability.
(a) DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND
AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE
DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES
OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO
USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY
JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF
WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT
THE PUFFY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER
ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
(b) NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER
SPECIFICALLY ACKNOWLEDGE THAT THE PUFFY PARTIES ARE NOT LIABLE, AND
YOU AGREE NOT TO SEEK TO HOLD THE PUFFY PARTIES LIABLE, FOR THE CONDUCT
OF THIRD PARTIES, INCLUDING PARTNERS, PROVIDERS, PAYORS, EMPLOYERS,
OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT
THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
(c) MONETARY LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES WILL THE PUFFY PARTIES BE LIABLE TO YOU FOR MORE THAN
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THE AMOUNT YOU HAVE PAID TO PUFFY IN THE ONE HUNDRED EIGHTY (180)
CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT ANY SUCH CLAIM. PUFFY SHALL HAVE NO LIABILITY FOR ANY MEDICAL
SERVICES, MEDICAL SUPPLIES, OR HEALTHCARE SERVICES YOU ELECT TO RECEIVE
AND PUFFY SHALL HAVE NO LIABILITY FOR YOUR REDEMPTION OF A REWARD.
(d) FAILURE TO PAY. YOU ACKNOWLEDGE AND AGREE THAT IF
YOU HAVE NOT PAID PUFFY ANY AMOUNTS IN THE ONE HUNDRED EIGHTY (180)
CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE
WITH PUFFY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
(e) DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF
THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
7.3. Indemnification. You agree to defend, indemnify, save, and hold the Puffy Parties
harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out
of your use or misuse of the Service, any violation by you of these Terms, any breach of the
representations, warranties and covenants made by you herein, or any refusal of a Provider to
participate in the Service. Puffy reserves the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify Puffy and you agree to cooperate
with Puffy’s defense of these claims. Puffy will use reasonable efforts to notify you of any such
claim, action or proceeding upon becoming aware of it. You agree that the provisions in this Section
will survive any termination of these Terms, your Account or of the Service.
8. Dispute Resolution.
8.1. General. If a dispute arises between you and Puffy, our goal is to provide you with a
neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Puffy agree
that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the
Service (a “Claim”) in accordance with one of the subsections below or as we and you otherwise
agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us
directly to seek a resolution by going to Customer Support. We will consider reasonable requests to
resolve the dispute through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation. Other than those matters listed in Section 8.2, you and Puffy
agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the
terms of this Section 9, and not litigate any dispute in court. Arbitration means that the dispute will
be resolved by a neutral arbitrator instead of in a court by a judge or jury.
8.2. Exclusions from Arbitration. YOU AND PUFFY AGREE THAT ANY CLAIM
FILED BY YOU OR BY PUFFY IN SMALL CLAIMS COURT OR BY PUFFY RELATED TO
PROTECTION OF PUFFY’S OR ANY PUFFY LICENSOR’S INTELLECTUAL PROPERTY
ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 9.
8.3. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION
WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING
ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 9, YOU
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MUST NOTIFY PUFFY IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU
FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED
TO PUFFY TERMS ADMINISTRATOR, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR
ADDRESS, (3) YOUR USERNAME, AND (4) A CLEAR STATEMENT THAT YOU DO NOT
WISH TO RESOLVE DISPUTES WITH PUFFY THROUGH ARBITRATION.
8.4. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS,
WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN
INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A
NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR
PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND PUFFY
SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE
ARBITRATION.
8.5. Initiation of Arbitration Proceeding; Selection of Arbitrator. If you or Puffy elect to
resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it
with the American Arbitration Association (“AAA”). The terms of this Section 9 will govern in the
event they conflict with the arbitration rules identified below.
8.6. Arbitration Procedures. Because the software and/or service provided to you by
Puffy concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of
all disputes. However, applicable federal or state law may also apply to the substance of any
disputes. For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for
claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-
class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-
800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to, and
negotiated in good faith with, Puffy as described above, and if the arbitrator finds that you are the
prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs
as determined by the arbitrator, in addition to any rights to recover the same under controlling state
or federal law afforded to Puffy or you. The arbitrator will make any award in writing but need not
provide a statement of reasons unless requested by a party. Such award will be binding and final,
except for any right of appeal provided by the FAA, and may be entered in any court having
jurisdiction over the parties for purposes of enforcement.
8.7. Location of Arbitration. You or Puffy may initiate arbitration in Los Angeles,
Californiaor the county in which you reside. If you initiate arbitration in the county of your
residence, Puffy may transfer the arbitration to Los Angeles, California provided that Puffy agrees to
pay any additional fees or costs you incur as a result of the change in location, as determined by the
arbitrator.
8.8. Severability. If any clause within this Section 9 (other than the Class Action Waiver
clause of Section 8.4) is found to be illegal or unenforceable, that clause will be severed from this
Section 9 and the remainder of this Section 9 will be given full force and effect. If the Class Action
Waiver (Section 8.4) clause is found to be illegal or unenforceable, this entire Section 9, except for
this Section 8.8, will be unenforceable and the dispute will be decided by a court and IN THAT
INSTANCE, YOU AND PUFFY EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO
TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
8.9. Survival. This Section 9 shall survive any termination of the Terms.
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9. General Provisions.
9.1. Updates to the Terms and Privacy Policy.
(a) Right to Update. Puffy reserves the right, at our discretion, to change,
modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the
amended Terms or Privacy Policy through the Service. You may also be given additional notice,
such as an email message or messaging within the Service, of any changes. You will be deemed to
have accepted such changes by continuing to use the Service. Except as otherwise stated, all
amended terms shall automatically be effective thirty (30) calendar days after they are initially
posted. Puffy may also revise other policies, codes or rules at any time and the new versions will be
available on the Website or in the Service. No amendment to the Terms or Privacy Policy shall apply
to any dispute of which Puffy had actual notice before the date of the amendment.
(b) Seeking Consent. If Puffy revises these Terms or its Privacy Policy and seeks
your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be
bound by such revised Terms or revised Privacy Policy before using the Service again, then
notwithstanding anything to the contrary, Puffy reserves the right to terminate your Account and use
of the Service.
(c) Disagreement With Terms. If at any time you do not agree to any provision
of the then-current version of our Terms, the Privacy Policy or any other Puffy policy, rule or code of
conduct relating to your use of the Service, your right to use the Service will immediately terminate,
and you must immediately stop using the Service.
(d) Conflict. To the extent these Terms or the Privacy Policy conflict with any
other Puffy terms, policy, rule, or code of conduct, the provisions of these Terms and the Privacy
Policy will prevail.
9.2. Severability. If any provision of these Terms or the Privacy Policy is found invalid,
illegal, or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision
will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity,
illegality, or unenforceability without affecting the validity, legality, or enforceability thereof in any
other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will
continue to be in full force and effect.
9.3. Assignment. Puffy may assign any of its rights or delegate any of its obligations
under these Terms, in whole or in part, to any person or entity at any time without your consent. You
hereby agree that in the event Puffy merges with or into another entity, or is acquired by another
entity, Puffy may share your Account information with the merging or acquiring entity and its
affiliates. You may not assign or delegate any rights or obligations under the Terms without the prior
written consent of Puffy; any purported assignment or delegation in violation of this Section 9.3 is
void.
9.4. Supplemental Policies. Puffy may publish additional policies related to specific
services such as forums, contests, or loyalty programs. Your use, if any, of such services is subject to
such specific policies and these Terms.
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9.5. Entire Agreement. These Terms, together with any supplemental policies, the
Privacy Policy, and any other documents expressly incorporated by reference herein, contain the
entire agreement between Puffy and you with respect to the subject matter hereof and supersede all
prior and contemporaneous understandings, agreements, representations and warranties of the parties
hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established
by custom, practice, policy or precedent.
9.6. No Waiver. The failure of Puffy to require or enforce strict performance by you of
any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall
not be construed as a waiver or relinquishment of Puffy’s right to assert or rely upon any such
provision or right in that or any other instance. The express waiver by Puffy of any provision,
condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any
future obligation to comply with such provision, condition or requirement. Except as expressly and
specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or
omissions by Puffy shall be deemed a modification of these Terms nor legally binding, unless
documented in physical writing, hand signed by you and a duly appointed officer of Puffy.
9.7. Notices. We may notify you via postings on www.puffyapp.com and via email or
any other communications means through contact information you provide to us. All notices given
by you or required from you under these Terms or the Privacy Policy shall be in writing and
addressed to the address in this Section 9.7. Any notices that you provide without compliance with
this Section 9.7 shall have no legal effect.
9.8. Equitable Remedies. You acknowledge that the rights granted and obligations made
under these Terms to Puffy are of a unique and irreplaceable nature, the loss of which shall
irreparably harm Puffy and which cannot be replaced by monetary damages alone, so that Puffy shall
be entitled to injunctive or other equitable relief (without the obligations of posting any bond or
surety or proof of damages) in the event of any breach or anticipatory breach by you. You
irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the
operation of the Service, exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Service or any content or other material used or displayed through
the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2.
9.9. Force Majeure. Puffy shall not be liable for any delay or failure to perform resulting
from causes outside the reasonable control of Puffy, including without limitation any failure to
perform hereunder due to unforeseen circumstances or cause beyond Puffy’s control, such as acts of
God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents,
strikes, shortages of transportation facilities, fuel, energy, labor or materials.
9.10. Governing Law. The Terms and Privacy Policy shall be governed by the laws of the
State of Nevada notwithstanding its conflict of laws provisions.