Terms & Conditions

GOBRANDS, INC.

END-USER LICENSE AND TERMS OF SERVICE


PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT AND TERMS OF SERVICE (“AGREEMENT”) CAREFULLY.

THIS AGREEMENT, TOGETHER WITH OUR PRIVACY POLICY WHICH CAN BE FOUND AT https://gopuff.com/home/privacy-agreement (THE “PRIVACY POLICY”) IS A LEGAL AGREEMENT BETWEEN YOU AND GOBRANDS, INC. (D/B/A GOPUFF) (“GOPUFF,” “WE” OR “US”).  BY DOWNLOADING, ACCESSING, INSTALLING OR USING GOPUFF’S MOBILE APPLICATION (THE “APP”) OR WEBSITE (THE “SITE”), OR BY USING OR RECEIVING ANY SERVICES SUPPLIED TO YOU BY GOPUFF (COLLECTIVELY WITH THE APP AND THE SITE, THE “SERVICES”), YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU AGREE TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN SECTION 19 OF THIS AGREEMENT TO RESOLVE ANY DISPUTES WITH GOPUFF.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, INSTALL OR USE THE SERVICES.

If you do not agree to be bound by this Agreement, then you may not use the Services. GoPuff reserves the right to modify this Agreement at any time without prior notice. You agree that each visit you make to the Site or the App will be subject to the then-current Agreement, and continued use of the Services now or following modifications in this Agreement confirms that you have read, accepted, and agreed to be bound by such modifications. The term “you” or “user” shall refer to any person or entity who uses, downloads, accesses, browses the App or the Site or uses or receives any Services.

  1. Products; Regulatory Compliance.   You agree that your use of the Services, the purchase of any of the products contained on the App or the Site (“Products”), delivery of the Products, and/or use of the Products will not violate any local, state, or federal laws and regulations (the “Laws”), including, but not limited to, the Family Smoking Prevention and Tobacco Control Act (21 USC §301 et seq.), the Food, Drug and Cosmetic Act (Section 801(p)(1)), and the Prevent All Cigarette Trafficking Act (PL 111-154).  You further certify that the intended use of the Products will not be as drug paraphernalia in violation of 21 USC §863 (PL 113-31). GoPuff does not promote the use of marijuana or any other controlled substance as defined in 21 USC §863 (PL 113-31).  The Products are solely for legal, personal tobacco use and nothing in the Site or the App shall be construed as condoning or promoting the use of any controlled or illegal substance. The Services are intended for mature users only. By viewing, using or accessing the Services, you certify that you are at least 18 years of age (or 21 years of age in states that mandate the legal age to purchase tobacco and/or tobacco related products to be 21), are legally authorized to purchase tobacco and tobacco-related products, and will provide photo identification upon delivery to verify your age. You agree that you will not furnish tobacco obtained through GoPuff to any Person who is not a lawful consumer.
  2. Usage.   Your use of the Services is subject to all applicable Laws.  It is your responsibility to provide the mobile device, wireless service/data plan, software, internet connections and/or other equipment needed, in order to download, install and use the Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the Services via your computer, mobile device or smartphone.  When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies and terms of use of these third parties. WE DO NOT GUARANTEE THAT THE SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR PRODUCTS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION. GoPuff reserves the right to change, suspend, remove, or disable access to the Services at any time without notice. In no event will GoPuff be liable for the removal of or disabling of access to the Services. GoPuff may also impose limits on the use of or access to the App, the Site or to certain Services, in any case and without notice or liability.

    As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from GoPuff.
  3. License Grant. Subject the limitations contained in this Agreement, your compliance with this Agreement and your payment of any applicable fees, GoPuff hereby grants to you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and make personal and non-commercial use of the Services (including updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license, and any documentation) on a mobile device or computer that you own or control, subject to the limitations set forth below. This license does not include any resale or commercial use of any Service, or the Products; any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Agreement does not permit you to install or use the App on a mobile device that you do not own or control and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

    All rights not expressly granted to you in this Agreement are reserved and retained by GoPuff or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GoPuff. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GoPuff without express written consent. You may not use any meta tags or any other "hidden text" utilizing GoPuff's name or trademarks without the express written consent of GoPuff. You may not misuse the Services. You may use the Services only as permitted by Law and this Agreement. The licenses granted by GoPuff terminate if you do not comply with this Agreement.
  4. License Limitations. You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by GoPuff. Except as specifically permitted herein or expressly authorized in writing by GoPuff, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (iii) use any means to discover the source code or to discover the trade secrets in the Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of GoPuff. If you breach these restrictions, you may be subject to prosecution and damages.
  5. Terms of Service.  You agree that: (a) you will not use the Services if you are not fully able and legally competent to agree to the terms of this Agreement; (b) you will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (c) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network, (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Services or other content without written permission from GoPuff; (h) you will only use the Services for your own use and will not resell it to a third party; (i) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (j) you will only use an access point or 3G/4G data account which you are authorized to use; (k) you will provide us with whatever proof of identity we may reasonably request; (l) you will provide our driver with your state issued ID when the delivery arrives that proves that you are the requisite age as applicable, and, if such state issued ID was not issued by the state in which such delivery occurs, upon request, you will provide such other form(s) of identification as may be requested by the driver; (m) we may decline your delivery request for any reason; and (n) you are aware that a non-refundable $20 restocking fee (“Restocking Fee”) will be automatically charged to you if your delivery has been declined for any reason. GoPuff makes no representation as to any Laws of any jurisdiction regarding the sale, service, transportation or delivery of Products to a customer/consumer, including you. GoPuff shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Agreement or to comply with applicable Law. GoPuff explicitly reserves the right to refuse access to the Services at any time without notice for your failure to abide by the terms as set forth in this Agreement or to comply with applicable Laws.
  6. Fees. Any fees which GoPuff may charge you for the Services are due immediately. When you initiate a transaction with us, GoPuff’s third party payment processor will authorize your credit or debit card for the full amount of your purchase. We may decline an order for any reason. If your order is declined by us, you will receive a full refund. If your order is canceled by you after it has been sent for delivery, you will receive a full refund, less the Restocking Fee. A full refund may be issued by GoPuff for any reason. GoPuff, at its sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Services in our sole discretion.
  7. Reservation of Rights. All rights not expressly granted to you in this Agreement are reserved and retained by GoPuff or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GoPuff.
  8. Account and Password. If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. GoPuff does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. Tobacco and tobacco-related Products are intended for adults. GoPuff reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
  9. No Third Party Beneficiary.  By accessing the Services you certify that such access is for your own benefit and information, and that the Products are solely for your own personal use and not for any other Person.  “Person” shall include all natural persons, corporations, legal entity, and any of their/its directors, officers, agents, servants, employees, affiliates, subsidiaries, or partners.
  10. Third Party Materials. The Services may display, include or make available content, data, information, applications or materials from third parties including Products (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that GoPuff is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. GoPuff does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
  11. Indemnification. By entering into this Agreement and using the Services, you agree that you will indemnify, defend and hold harmless GoPuff, and its partners, owners, parent organizations, subsidiaries, and affiliates, and their respective directors, officers, stockholders, agents, servants, employees and attorneys (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, proceedings, losses, damages, fines, penalties, liabilities, judgments, orders, costs and expenses (including reasonable attorneys' fees and legal costs) sustained or incurred by or asserted against the Indemnified Parties by reason of, arising from, or in any way attributable to: (a) your violation or breach of any term of this Agreement or any applicable Law or regulation; (b) your violation of any rights of any third party; (c) your use or misuse of the Services; or (d) any negligence or wrongful act or omission of or by you or anyone acting on your behalf.
  12. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.  GoPuff and its partners, owners, subsidiaries, and affiliates, and their respective directors, officers, agents, servants, and employees (the “GoPuff Entities) shall not be held liable for your use of the Services, any purchases using the Services, or any injury alleged to have been caused by either. GoPuff reserves the right to deny the sale and/or delivery of any Product, which it determines may or shall violate applicable Laws.  The exercise of this right does not alleviate, amend, eliminate, or abridge your obligation to adhere to applicable Laws, nor does it impose an affirmative responsibility on GoPuff to verify your adherence to applicable Laws.

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOPUFF HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES OR THE PRODUCTS (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. GOPUFF DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) DEFECTS IN THE SERVICES WILL BE CORRECTED OR (E) THAT THE APP WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GOPUFF OR ITS AUTHORIZED AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL ANY GOPUFF ENTITY BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF A GOPUFF ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, INCLUDING ANY LOSS OF PROPERTY OR REVENUES OR ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND GOPUFF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

    If, for any reason, a court finds GoPuff liable for damages notwithstanding the foregoing, in no event shall the GoPuff Entities’ total liability for all damages arising out of or in connection with the Services or this Agreement exceed the amount paid by you to GoPuff for your use or receipt of the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

    You agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms of this Agreement and that GoPuff would not be willing to perform the Services or grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce GoPuff to grant you the rights set forth in this Agreement.
  13. Ownership. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other Laws. You acknowledge and agree that GoPuff and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of GoPuff’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement.

    Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to GoPuff by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by GoPuff or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of GoPuff. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of GoPuff and GoPuff may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to GoPuff any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At GoPuff’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
  14. Modifications. We may modify this Agreement at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the end of this Agreement. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Agreement. If you do not agree with the modifications, then please uninstall and do not access or use the Services.
  15. Termination. This Agreement is effective until the earlier of the date that you uninstall the App, you fail to comply with any term of this Agreement or GoPuff terminates this Agreement. GoPuff may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, with or without notice to you, including, but not limited to, if we reasonably believe: (a) you have violated this Agreement, (b) you create risk or possible legal exposure for us; or (c) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you of such cessation or termination by the email address associated with your account(s) or the next time you attempt to access your account(s) or the Services. Upon termination, you will cease all use of the Services and will destroy all copies (full or partial) of the App in your possession or control. Termination will not limit any of GoPuff’s other rights or remedies at Law or in equity. This Section 15 along with Sections 6, 11, 12, 13, 15, 17, 18, 19, 20 and 21 shall survive termination or expiration of this Agreement for any reason.
  16. Export Laws. You agree that you will not export or re-export, directly or indirectly the the Services and/or other information or materials provided by GoPuff hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.
  17. Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this Agreement by any authority.
  18. Injunctive Relief. You agree that a breach of this Agreement will cause irreparable injury to GoPuff for which monetary damages would not be an adequate remedy and GoPuff shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at Law without a bond, other security or proof of damages.
  19. Dispute Resolution – Arbitration, No Class Actions. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration Law apply to this Agreement.

    If you do not want to arbitrate disputes with Gopuff and you are an individual, you may opt out of this arbitration agreement by sending an email to our customer support team at support@gopuff.com within 30 days of the earlier of the day you first access or use the App and the day you first receive any of the Services.

    If you intend to seek arbitration you must first send written notice to Gopuff of your intent to arbitrate (“Notice”). The Notice to gopuff should be sent by any of the following means: (i) electronic mail to support@gopuff.com;

    THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.

    If you intend to seek arbitration you must first send written notice to GoPuff’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to GoPuff should be sent by any of the following means: (i) electronic mail to support@gopuff.com; or (ii) sending the Notice by U.S. Postal Service certified mail to our registered agent Corporation Service Company, 2711 Centreville Road, Suite 400, Wilmington, DE 19808. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or GoPuff may commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules as modified by this Agreement, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The number of arbitrators shall be one. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse all AAA filing, administration and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse GoPuff for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. GoPuff will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the paragraph below.

    WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
  20. Applicable Law, Venue, and Jurisdiction.  By using any Service, you agree that the Federal Arbitration Act, applicable federal Law, and the Laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of Laws, will govern this Agreement and any dispute of any sort that might arise between you and GoPuff.
  21. Miscellaneous. This Agreement may not be modified by you except by a writing executed by the duly-authorized representatives of GoPuff. This Agreement will inure to the benefit of and will be binding upon each party’s successors and assigns. GoPuff’s failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. This Agreement and the licenses granted hereunder may be assigned by GoPuff but may not be assigned by you without the prior express written consent of GoPuff. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of this Agreement but are for convenience only. You and GoPuff agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this Agreement. Your use of the Services may also be subject to other local, state, national, or international Laws. You may contact us regarding the Services or this Agreement at: GoBrands, Inc., 537 North 3rd Street, Philadelphia, PA 19123, 855-400-7833, or by email to our customer support team at support@gopuff.com.


This Agreement sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.



PUFF POINTS REWARD PROGRAM

T&CS

Effective November 19, 2019

The following Terms and Conditions (these “T&Cs”) contain important information regarding the Puff Points Rewards Program (the “Program”) sponsored by GoBrands, Inc. or its respective subsidiaries, licensees and affiliated companies (collectively, “Sponsor,” “we,” “our,” or “us”).  These T&Cs are a binding agreement between you and Sponsor. Please read the following T&Cs carefully. Your use of the Program and/or the Program website, www.gopuff.com (the “Site”) and/or any related application (the “App”), is subject at all times to these T&Cs and all applicable federal, state and local laws, rules and regulations. Please read these T&Cs and the Sponsor Privacy Policy at gopuff.com/home/privacy-agreement carefully before using the Program, the App, or the Site.

BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE T&CS. 

 

PLEASE NOTE THESE T&CS:

  • CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, 
  • REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, 
  • ELIMINATE YOUR RIGHT TO A TRIAL BY JURY AND 
  • REQUIRE CLAIMS TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION.

 

IF YOU DO NOT AGREE TO THESE T&CS, YOU MAY NOT PARTICIPATE IN THE PROGRAM. FOR THE UP-TO-DATE VERSION OF THE T&CS, PLEASE VISIT https://gopuff.com/home/terms-and-conditions.  

 

You agree that we may provide notices, disclosures and amendments to these T&Cs, and other information relating to the Program by electronic means, including posting such information and materials online at https://gopuff.com/home/terms-and-conditions.

Being eligible for the Program entitles members (“Members” or “you”) to take advantage of certain Program rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Sponsor in its sole discretion.  You can find out about available Rewards and offers by checking the Site and/or the App. Sponsor reserves the right to modify these T&Cs at any time, without notice to you, so it is important to check the T&Cs periodically.  These T&Cs do not alter in any way the terms or conditions of any other agreement you may have with Sponsor for other products or services. Participation in the Program and/or redemption of Rewards is considered acceptance of these T&Cs, the Privacy Policy, Sponsor’s End-User License and Terms of Service (the “End-User License”), and all other applicable operating rules, policies, and/or procedures that may be published or modified by us from time to time on the Site or the App, each of which is incorporated by reference. In the event of any conflict between these T&Cs and the End-User License, the End-User License shall control. Sponsor may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward, without notice. Your continued access to or participation in the Program following any such changes or modifications confirms your acceptance of these T&Cs and such changes or modifications. If you do not agree with these T&Cs, you must stop accessing and participating in the Program. 

PROGRAM PERIOD:  This Program will continue until terminated, suspended, modified, and/or converted to another program by Sponsor, as determined by Sponsor in its sole discretion.

ELIGIBILITY:  To be eligible for the Program, you must have a valid customer account with Sponsor, have a physical address located within a valid Sponsor delivery zone, and be eligible to make purchases and receive services from Sponsor. The Program is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). If you are under eighteen (18), you may access and participate in the Program only under the supervision of a parent or legal guardian who agrees to be bound by the terms of these T&Cs. To enroll in the Program, you must create a valid customer account with Sponsor and make a valid purchase from the Site or the App. Creation of a customer account may require that you provide the following information: telephone number, e-mail address, physical address, and payment information. Once you have a customer account, you are automatically enrolled in the Program and start earning Puff Points just by ordering. You must provide true, accurate and complete information as required, and you must keep your account information up to date at all times. You may not create an account using another person’s name or information, including e-mail address and/or telephone number. You are solely responsible for the activity that occurs on your account and for keeping your account password secure. You may never use another person’s account or registration information for the Program without permission. You must notify us immediately of any breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for combined use.

EARNING POINTS:  Once you become a Member, you can begin earning Program points (“Puff Points”) by purchasing items on the App or the Site. The Rewards that are available to you through the Program are based on the number of Puff Points that you earn. Each product that is available on the App and the Site is assigned a point value, determined in Sponsor’s sole discretion. Delivery fees, tips, taxes, and other charges do not count towards earning Puff Points. Accrued Puff Points do not expire, as long as you have an active customer account with Sponsor.

Complete details and descriptions of eligible Program activities, how to earn Puff Points in the Program, Puff Point values for each product, and Puff Points needed to redeem Rewards will be available on the Site and the App. Note that eligible activities and the Puff Point values for products and activities are subject to change at any time in Sponsor’s sole discretion, but no change will be considered effective until such changes have been published on the Site and App.

You expressly agree that Sponsor shall not be responsible for the loss of any Points and/or Rewards that can be obtained through the Program, regardless of monetary value, in the event there is any catastrophic data or server error, criminal act, vandalism, cyber-attack or other events which make it impossible for Sponsor to determine the number of Puff Point totals for any account or accounts.

Sponsor reserves the right to suspend, terminate, revalue or modify, without liability, or notice to Members, all or part of the Puff Points value structure and offers and any merchandise or service.  Subject to the terms hereof, Sponsor reserves the right to adjudicate all Puff Points discrepancies in its sole discretion, and the Members agree to abide with any such adjudication.

Purchases made before the Program begins or after Program ends will not be eligible. Puff Points will be posted to your account upon completion of eligible orders. Once posted to your account, all Puff Points will be immediately available for redemption. Sponsor may freeze or eliminate Member’s account if fraudulent activity is suspected and/or if purchases are not directly related to Member’s own purchasing activity.

There are no participation or membership fees associated with the Program. Puff Points accrued in connection with the Program are promotional, have no cash value and cannot be redeemed for cash. If you terminate or otherwise delete your Sponsor customer account, all Puff Points earned prior to such termination shall be deemed void, and you will not have the ability to redeem those Puff Points for Rewards.

POINTS REDEMPTION:  Puff Points may be redeemed for Rewards listed on the Site and App. Rewards are available only while supplies last, and quantities may be limited.  Sponsor may change at any time, and from time to time, the available Rewards without notice.  Member will not be able to redeem Puff Points for a Reward if Member has insufficient Puff Points for such Reward.  Any items received as a result of redemption of Puff Points may not be exchanged or returned for cash or credit.

Members can choose to redeem Rewards for which they have accumulated a sufficient number of Puff Points, or they can continue making purchases to continue accumulating Puff Points in order to redeem Rewards for which a greater number of Puff Points is required. You may only redeem one (1) Reward at a time. When a Reward is redeemed, it becomes active on the Member’s account. Each active Reward must be used before another Reward can be redeemed. If an active Reward is not used within the time period indicated by Sponsor, it will expire and be deemed void.

REWARD CONDITIONS: The Program and/or the Rewards are void where prohibited by law.  If a Reward becomes unavailable, Sponsor may substitute a prize of equal or greater value.  Rewards are not redeemable for cash.  Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member.  Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability.  Your Puff Points and Rewards are personal to you and may not be sold, transferred, or assigned to or shared with, family, friends or other third parties or used by you for any commercial purpose. Sponsor makes no warranty in any respect as to any Rewards, merchandise or service available within the Program. 

CHANGES; TERMINATION:  Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of your Program account, the Program, Puff Points, and/or any Reward at any time, including the availability of any Reward, without notice.  Sponsor may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these T&Cs, or for taking any actions that are inconsistent with the intent of these T&Cs.  If you violate any of the provisions contained in these T&Cs, Sponsor reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any accounts you have created using the Program. You agree that Sponsor need not provide you notice before terminating or suspending your account. Sponsor reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program, if Sponsor deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these T&Cs; (b) damaging, tampering with or corrupting the operation of the Program, Site or App; (c) acting with intent to annoy, harass or abuse any other person; (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program.  Any decision Sponsor makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these T&Cs or intent of these T&Cs.

RELEASE: By participating in the Program, Members release Sponsor, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards. 

INDEMNIFICATION:  Members agree to indemnify, defend and hold Sponsor and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these T&Cs or any violation by Member of applicable law. 

GOVERNING LAW:  The Program and these T&Cs are governed by federal law and, to the extent state law applies, the laws of the Commonwealth of Pennsylvania, without any reference to its choice of law provisions.  You may not assign your rights or obligations under these T&Cs to any other person or entity. YOU AND WE AGREE THAT EACH OF US MAY BRING ANY CLAIMS arising from or relating to these Terms ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. 

SEVERABILITY. If any provision or part of a provision of these T&Cs is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these T&Cs and does not affect the validity and enforceability of any remaining provisions.

DISPUTE RESOLUTION – ARBITRATION; NO CLASS ACTIONS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE PROGRAM OR THESE T&CS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these T&Cs.

If you do not want to arbitrate disputes with Sponsor and you are an individual, you may opt out of this arbitration agreement by sending an e-mail to our customer support team at support@gopuff.com within thirty (30) days of the earlier of (i) the day you first access or use the Site or the App and (ii) the day you first earn Puff Points under the Program.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THESE T&CS AS A COURT WOULD.

If you intend to seek arbitration you must first send written notice to Sponsor’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Sponsor should be sent by any of the following means: (i) electronic mail to support@gopuff.com or (ii) sending the Notice by U.S. Postal Service certified mail to our registered agent Corporation Service Company, 2711 Centreville Road, Suite 400, Wilmington, DE 19808. The Notice must (x) describe the nature and basis of the claim or dispute and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the notice is received, you or Sponsor may commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, as modified by this Agreement, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The number of arbitrators shall be one. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these T&Cs. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse all AAA filing, administration and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Sponsor for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Sponsor will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the paragraph below.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.

LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, no responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program and/or Site or App: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Site or App in whole or in part for any reason; traffic congestion on the Internet or Site or App; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Program. 

To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program or any Points or Rewards shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses. In addition, you hereby waive any and all rights to have damages multiplied or otherwise increased. 

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHING ON THE SITE AND APP IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

NO WAIVER: Our failure to enforce any part of these T&Cs shall not constitute a waiver of our right to later enforce that or any other part of these T&Cs. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these T&Cs to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

PRIVACY.  All information collected about you in connection with the Program is subject to our privacy policy, which can be found at gopuff.com/home/privacy-agreement (“Privacy Policy”).   By enrolling in the Program, you consent to the release of information to selected third parties to carry out the Program, as further detailed in our Privacy Policy.  You shall maintain and update your registration information to ensure that it is always current, complete and accurate.

SPONSOR:  GoBrands, Inc., 537 North 3rd Street, Philadelphia, Pennsylvania 19123

CONTACT: If you are having difficulty accessing or navigating the Site or App or have other questions about the Program, please call 855-400-7833 or send an e-mail to support@gopuff.com.

 GIFT CARD POLICY 

  1. The following gift card terms and conditions (the “Card Policy”) apply to the purchase, receipt and use of e-gift cards, digital gift cards, and other gift cards or gift certificates that may be issued by GoBrands, Inc., d/b/a GoPuff (“GoPuff”) (all such cards collectively referred to herein as “Cards”).  Your purchase, receipt and use of Cards constitutes your agreement to follow and be bound by this Gift Card Policy. GoPuff reserves the right to change this Card Policy from time to time in its discretion, subject to compliance with all applicable laws.  The most current version of this Card Policy will be available on https://gopuff.com/go/gift-card-policy and will supersede all previous versions of this Card Policy.  Your continued use of a Card is your acceptance of all then-current terms and conditions.  Void where prohibited, taxed or restricted by law.  All federal, state and local laws and regulations apply.
  2. Cards have no expiration date, and you will not be subject to any dormancy fee, transaction fee, or other fees for use or non-use of this card.  The Card is not a credit card and cannot be used as one. Cards are assigned a fixed monetary value. Use of the Card is limited to the amount of funds held on the Card and it is your responsibility to know the amount of available funds on your Card at all times. Cards may be redeemed for online purchases on https://gopuff.com.  Card balances may not be used to purchase other gift cards and cannot be reloaded, resold or transferred for value. For combinations with other offers, restrictions may apply.  
  3. Cards are not redeemable for cash, and Cards may not be returned for cash or other refunds, either prior to or subsequent to redemption, except to the extent required by applicable law.  Except to the extent required by applicable law, any unused Card balance will otherwise remain in the recipient's Card account and such balances are not transferable.  The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card.  If a purchase made with a Card exceeds the amount of the Card, you must pay the balance as otherwise required by GoPuff’s standard terms of sale and Terms and Conditions.
  4. Cards and their use on the GoPuff website are subject to the GoPuff general Terms and Conditions and Privacy Policy, which are available at https://gopuff.com/go/terms-and-conditions and https://gopuff.com/go/privacy-agreement.  For any questions concerning your Card, please contact our Customer Service Help Center at help.gopuff.com.  Use of this Card for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.  
  5. Cards are subject to verification, and any Card that we believe in our sole discretion to have been purchased or obtained fraudulently or through illegal means will be subject to invalidation without refund. We are not responsible for hardware issues related to your device's access to the service so please check with the applicable device maker for compatibility.  The use of Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with GoPuff is prohibited without prior written approval.  
  6. GoPuff may provide Card purchasers with information about the redemption status of Cards.  Your balance will be visible on the checkout page before you place a qualifying order.  GoPuff reserves the right to change these terms and conditions from time to time in its discretion, subject to compliance with all applicable laws. The most current version of this Card Policy will be available on https://gopuff.com/go/gift-card-policy and will supersede all previous versions of this Card Policy.   Your continued use of a Card is your acceptance of all then-current terms and conditions.  Cards are subject to verification and are void if not obtained in accordance with these terms and conditions and through legitimate channels. Cards obtained through unauthorized channels (e.g. online auctions) will be considered void.
  7. THEFT, DIVERSION, REPRODUCTION, TRANSFER, SALE OR PURCHASE OF ANY GIFT CARD IS PROHIBITED. GOPUFF MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN THE EVENT A CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD, TO THE EXTENT PERMITTED BY APPLICABLE LAW. The risk of loss and title for CARDS pass to the purchaser upon our PHYSICAL OR electronic transmission to the recipient, whichever is applicable.  ANY USE OF CARDS FOR UNAUTHORIZED PURPOSES IS STRICTLY PROHIBITED.  GOPUFF IS NOT RESPONSIBLE FOR ANY CARD THAT IS LOST, STOLEN, DESTROYED OR USED WITHOUT YOUR PERMISSION.  In no event will GOPUFF be liable for any punitive, special, indirect, or consequential damages.