Overview of Our Terms of Use

This website is operated by House of Puff Inc. Throughout the site, the terms “we”, “us” and “our” refer to House of Puff Inc. We offer this website, including all information, tools, and services available on it. Our service is conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions, including those additional terms, conditions. and policies referenced herein and/or available by hyperlink (collectively “Terms”). These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Read these Terms Carefully

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any of our services. Since these Terms are considered an offer, acceptance is expressly limited to these Terms. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Updates

Any new features or tools which are added to the current store shall also be subject to our Terms. You can review the most current version of our Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Hosting

Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms 

Age

By agreeing to our Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. All content on our website is for educational and informational purposes. All products we sell are intended for use by individuals 18 years or older.

Illegal or Destructive Use

We do not condone or support the illegal use of any products sold on our site. Using our products illegally may constitute a violation of international, federal, state and/or local laws. You must not transmit any worms or viruses or any code of a destructive nature.

Violation of Our Terms

A breach or violation of any of our Terms will result in an immediate termination of Services to you.

Section 2 – General Conditions

Refusal of Service

We reserve the right to refuse Service to anyone for any reason at any time.

Data Transfer

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Expressed Written Permission

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Service, use of our Service, or access to our Service or any contact on the website through which Service is provided, without expressed written permission from us.

Section 3 – Accuracy, Completeness, and Timeliness of Information

Accuracy and Completeness

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

Historical Information

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Modifications to Prices and the Service 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any part or content of our Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our Service.

Section 5 – Products and Service

Product Availability and Specifications

Certain parts of our Service may be available exclusively online through the website. They may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display will be accurate.

Limitation Terms

Quantities

We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of our Service. 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.

Consumer Types

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. All of the restrictions in this Section 5 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.

Changes and Warranties

All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Service made on this site is void where prohibited. We do not warrant that the quality of our Service will meet your expectations, or that any errors in our Service will be corrected.

Section 6 – Accuracy of Billing and Account Information

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchasing and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our return policy.

Section 7 – Optional Tools 

Liability

We may provide you with access to third-party tools which we neither monitor nor have any control over nor input into. 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.

Third-Party Terms

Any use by you of optional tools offered through our site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms under 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.

Section 8 – Third-Party Links

Accuracy

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Harm and Damages

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 – User Comments, Feedback, and Other Submissions

Comments and Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Content Removal Terms

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

Violations

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.Shorten with AI  You are solely responsible for any comments you make and their accuracy.

Liability

We take no responsibility and assume no liability for any comments posted by you or any third-party.Shorten with AI

Fraud

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. Section 10 – Personal Information

Your submission of personal information through our store is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies, and Omissions

Correction Terms

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Updates and Amendments

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Prohibited Uses

Illegal Uses

In addition to other prohibitions as set forth in our Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) for any obscene or immoral purpose; or (g) to submit false or misleading information.

Other Prohibited Uses

You are also prohibited from using the site or its content: (a) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Service or of any related website, other websites, or the Internet; (b) to collect or track the personal information of others; (c) to spam, phish, pharm, pretext, spider, crawl, or scrape; (d) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

Termination of Use

We reserve the right to terminate your use of our Service or any related website for violating any of these prohibited uses.

Section 13 – Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove our Service for indefinite periods of time or cancel our Service at any time, without notice to you.

As Is and As Available

You expressly agree that your use of, or inability to use, our Service is at your sole risk. Our Service including all products and services delivered to you through it are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties, or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liabilities

In no case shall House of Puff Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

Definition of Limited Liabilities

Without limitation, these include lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Service, or for any other claim related in any way to your use of our Service or any product. In addition, these include, but are not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Service or any content (or product) posted, transmitted, or otherwise made available via our Service, even if advised of their possibility.

Jurisdictional Maximums

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification 

You agree to indemnify, defend, and hold harmless House of Puff Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand. These claims or demands include reasonable attorneys’ fees made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 – Severability of Terms

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

Survival of Terms

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service or when you cease using our site.

Failure to Comply with Terms

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice. In such case, you will remain liable for all amounts due up to and including the date of termination. In addition, we may deny you access to our Service (or any part thereof). 

Section 17 – Entire Agreement

Waiver

Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Supersedence

These Terms and any policies or operating rules posted by us on this site or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Ambiguities

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York. 

Section 19 – Changes to Terms

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our Service following the posting of any changes to these Terms constitutes acceptance of those changes. 

Section 20 – Contact Information

Questions about these Terms should be emailed to us at [email protected]