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Terms of Service

Puff Herbals

Terms of Service

This website is operated by Puff Herbals. Throughout the website, the terms “We,” “Us” and “Our” refers to Puff Herbals. Puff Herbals offers this website (hereinafter referred to as “site” or “website”), including all information, tools, and products to the user(s), browsers of the website and/or purchaser(s) of the products on this website (hereinafter referred to as “User” or “Users”) in accordance with these Terms of Service. 

By visiting, browsing and/or purchasing from the Puff Herbals' website, User agrees to be bound by the following terms and conditions (hereinafter referred to as “Terms of Service” or “Terms”). These Terms of Service apply to all users of the site, including without limitation Users who are: browsers, vendors, customers, purchasers, merchants, and/or contributors of content, (hereinafter referred to collectively as “User(s)”). 

Please read these Terms of Service carefully before accessing, using, and/or purchasing from the Puff Herbals website. 

All of the information contained on this website is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Puff Herbals products are not intended to diagnose, cure, treat, or prevent any disease. Always seek the advice of User’s physician or other qualified health professional with any questions User may have regarding a medical condition. Please consult a healthcare practitioner if User is pregnant, nursing, or taking any medications before using Puff Herbals products. 


USER REPRESENTATIONS AND RESPONSIBILITIES

By accessing or using any part of the Puff Herbals’ website, User represents that User is at least 21 years of age or older and User agrees to be bound by these Terms of Service. 

If User does not agree to the Terms of Service, then User may not access the Puff Herbals website or make any purchase from the website. 

It is User’s sole responsibility to confirm prior to browsing the website and/or purchasing Puff Herbals products that Puff Herbals products are lawful in User’s jurisdiction including User’s locality, state, county, and territory.

Puff Herbals is unable to ship our Signature Collection products to the state of Louisiana or outside of the United States. If User purchases Signature Collection products with a Louisiana address or an address outside of the United States, User’s order will be cancelled, and User’s payment refunded.


PRODUCTS AND ORDERS 

Puff Herbals products are available exclusively online through the website. 

All Puff Herbals products are less than 0.3 percent delta-9 THC. 

We reserve the right, to limit the sales of Our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. 

We reserve the right to refuse any order User places with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer profile, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify User by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers or distributors.

Our products may have limited quantities and are subject to our Return Policy. Users can access our Refund Policy by clicking here: https://puffherbals.com/policies/refund-policy

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Puff Herbals. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by User will meet User’s expectations. 

Statements on this site have not been evaluated by the Food and Drug Administration. 

DISCLAIMERS, FOOD AND DRUG ADMINISTRATION DISCLOSURE AND SURGEON GENERAL WARNING

Puff Herbals makes no representations or warranties that the products available on its website are in compliance with the laws and regulations of User’s jurisdiction.  

These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice. 

Puff Herbals does not make any health claims about our products and recommends consulting with a qualified medical doctor or physician prior to consuming our products or preparing a treatment plan. It is especially important for those who are pregnant, nursing, chronically ill, and elderly to discuss the use of these products with a physician prior to consuming. 

All of the information contained on this website is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Puff Herbals products are not intended to diagnose, cure, treat, or prevent any disease. Always seek the advice of User’s physician or other qualified health professional with any questions User may have regarding a medical condition. Please consult a healthcare practitioner if User is pregnant, nursing, or taking any medications before using Puff Herbals products. 

The Food and Drug Administration has not evaluated these statements. These products are not intended to diagnose, treat, cure or prevent any disease or ailment. Puff Herbals assumes no responsibility for the improper use of these products. We recommend consulting with a qualified medical doctor or physician when preparing a treatment plan for any and all diseases or ailments. 

Puff Herbals shall not be held liable for the medical claims made by customer testimonials. The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficiency of these products and the testimonials made have not been confirmed by FDA-approved research. 

SURGEON GENERAL WARNING: Smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy. Quitting smoking now greatly reduces serious risks to your health. Smoking by pregnant women may result in fetal injury, premature birth, and low birth weight.   

Herbal cigarettes are dangerous to your health. They produce tar and carbon monoxide.

PROHIBITED USES 

Users are prohibited from using Puff Herbals products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; and/or (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.  

Users may not use Puff Herbals products or website, or any information contained on the website for any illegal or unauthorized purpose nor may User violate any laws in User’s jurisdiction (including but not limited to copyright laws).

User agrees not to reproduce, duplicate, copy, sell, resell and/or exploit any portion of Our website or Puff Herbals Products without express written permission by Puff Herbals. 

In addition to other prohibitions as set forth in the Terms of Service, User are prohibited from using the site, the products ,or the website 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) to submit false or misleading information; (g) 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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate User’s use of the website or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Puff Herbals does not guarantee that Our Products are legal in User’s locality, state, county or territory. Puff Herbals makes no express, or implied warranties or representations that Our products are in compliance with the laws or regulations of the User’s jurisdiction. Users of the website expressly indemnify and hold harmless Puff Herbals from any legal claim brought because of the possession or use of Puff Herbals products in User’s jurisdiction. 

User expressly agrees that User’s use of, or inability to use, the Puff Herbals website and products is at User’s sole risk. The products delivered to User (except as expressly stated by us) provided 'as is' and 'as available' for User’s use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to: all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent or warrant that User’s use of our website and products will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the website and/or products will be accurate or reliable.

User agrees that from time to time we may remove the website and/or products for indefinite periods of time or cancel a product at any time, without notice to User.

In no case shall Puff Herbals, 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, including, without limitation 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 User’s use of any of the website or any products procured using the website, or for any other claim related in any way to User’s use of the website or any product, including, but 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 the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. 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.

TERMINATION 

Puff Herbals reserves the right to terminate User’s use of the website and any Puff Herbals products for violating any of the prohibited uses or these Terms. 

We reserve the right to refuse to sell Puff Herbals products to any User for any reason at any time.

These Terms of Service are effective unless and until terminated by Puff Herbals. User may terminate these Terms of Service by ceasing use of our website. The obligations and liabilities of the User incurred prior to the termination date shall survive the termination for all purposes.

If in our sole judgment User fails, or we suspect that User has failed, to comply with any term or provision of these Terms of Service, we may terminate User’s Use of the website and ability to purchase products from Puff Herbals at any time without notice and User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny User access to our website or products (or any part thereof) in the future.

A breach or violation of any of the Terms will result in an immediate termination of User’s ability to browse or purchase products from Our website.

INDEMNIFICATION

User agrees to indemnify, defend, and hold harmless Puff Herbals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of User’s breach of these Terms of Service or the documents they incorporate by reference, or User’s violation of any law or the rights of a third-party.

PERSONAL INFORMATION

User’s submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please click on this link: https://puffherbals.com/pages/privacy-policy

User understands that User’s 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.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

User agrees to provide current, complete and accurate purchase and account information for all purchases made at Our store. User agrees to promptly update User’s customer profile and other information, including User’s email address and credit card numbers and expiration dates, so that we can complete User’s transactions and contact User as needed.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, User sends certain specific submissions (for example contest entries) or without a request from Us User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), User agrees that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that User forwards 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.

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

User agrees that User Comments will not violate any right of any third-party, including but not limited to: copyright, trademark, privacy, personality or other personal or proprietary right. User further agrees that User’s 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. 

User may not use a false e-mail address, pretend to be someone other than User’s self, or otherwise mislead us or third parties as to the origin of any Comments. Users are solely responsible for any Comments User makes and their accuracy. We take no responsibility and assume no liability for any comments posted by Users or any third-party.

THIRD PARTY TOOLS

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

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows Us to sell Puff Herbals products to User.

User acknowledges and agrees 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 User’s use of third-party tools.

Any use by User of tools offered through the site is entirely at User’s own risk and discretion and User should ensure that User is familiar with and approves of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services may include materials from third parties. 

Third-party links on this site may direct User to third-party websites that are not affiliated with Puff Herbals. We are not responsible for examining or evaluating the content or accuracy of third-party links, content, products or information, 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.

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 User understands them before User engages in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 13 - MODIFICATIONS TO THE PRODUCTS AND PRICES

Prices for Our products are subject to change without notice.

We reserve the right at any time to modify or discontinue any Products (or any part or content thereof) without notice at any time.

We shall not be liable to User or to any third-party for any modification, price change, suspension or discontinuance of any products. 

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

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Puff Herbals is 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 User’s own risk. 

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. User agree that it is User’s responsibility to monitor changes to our site.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site 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 on our website or on any related website is inaccurate at any time without prior notice (including after User has submitted User’s order).

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

HEADINGS 

The headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SEVERABILITY

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

ENTIRE AGREEMENT

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

The failure of Puff Herbals to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

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

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide User products shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 

CONTACT INFORMATION

Questions about the Terms of Service should be sent via our contact page here.

Puff Herbals LLC

PO Box 441367

Somerville, MA 02144