Terms of USE

Last Modified: 09.23.26

 

These Terms of Use are entered into by and between you and Pink Palm Puff Ltd. (“PPP”, “we”, “our”, or “us”). PPP owns and operates the website, www.pinkpalmpuff.com, the mobile version, and all underlying software (or is the licensee), and any sites we have now or in the future that reference these Terms of Use (collectively, the “Sites”), its applications (hereafter referred to as the “Apps”, and together with Sites, the “Platform”). PPP is the entity providing and contracting with you in connection with the Platform. Any mailing address for correspondence or legal notices does not identify or constitute a separate contracting entity. 

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. SECTION I(U) CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION AND JURY-TRIAL WAIVERS FOR CONSUMERS WHO ORDINARILY RESIDE IN THE UNITED STATES. CONSUMERS WHO ORDINARILY RESIDE IN CANADA SHOULD REVIEW THE JURISDICTION-SPECIFIC ARBITRATION PROVISION IN THE CANADA CONSUMER TERMS BELOW, WHICH APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

IF YOU ARE SUBJECT TO A PRE-DISPUTE ARBITRATION AGREEMENT UNDER THESE TERMS OF USE, THAT AGREEMENT MAY REQUIRE COVERED DISPUTES TO BE RESOLVED BY BINDING ARBITRATION INSTEAD OF IN COURT AND MAY LIMIT CLASS OR REPRESENTATIVE PROCEEDINGS, EXCEPT TO THE EXTENT APPLICABLE LAW PROVIDES OTHERWISE. ANY RIGHT TO OPT OUT, AND THE DEADLINE AND METHOD FOR DOING SO, ARE DESCRIBED IN THE APPLICABLE ARBITRATION PROVISION.

 

 I.              GENERAL TERMS OF USE

 

A.            Acceptance of Terms

 

These terms of use (the “Terms of Use”) govern your access to and use of the Platform on any computer, mobile phone, tablet, console or other device. By accessing or using the Platform (including all content, functionality and services offered therein), you agree to these Terms of Use. Our collection, use and disclosure of information are described in our Privacy Policy. Where consent is required by applicable law, we will request that consent separately, and you may withdraw it as described in the Privacy Policy. If you do not agree to these Terms of Use, you must exit the Platform immediately and cease using and/or accessing the Platform.

 

Our Platform is considered to be a general audience site. PPP does not intend that any portion of the Platform will be accessed or used by children under the age of 16, and such use is prohibited. If you use our Platform to register an account, purchase a product from us, or enter our online contests or sweepstakes, you affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy.

 

PPP may modify these Terms of Use from time to time by posting the revised Terms on the Platform and updating the “Last Modified” date. Revised Terms apply prospectively from their stated effective date and will not affect an Order placed before that date unless the change is required by law or you expressly agree to it. Where required by applicable law, we will provide reasonable advance notice of material changes. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

 

These Terms of Use apply to all users of the Platform, including users who are also contributors of any content, information, and other materials or services on the Platform. The Platform includes, but is not limited to, all information, content, artwork, text, music, products, software and services offered via the Platform.

 

If you are a consumer residing outside the United States, you may have rights under the mandatory consumer-protection laws of the country, province, state, or territory in which you ordinarily reside. Nothing in these Terms—including any provision concerning warranties, returns, refunds, remedies, liability, dispute resolution, governing law, jurisdiction, or time limits for bringing claims—is intended to exclude, restrict, or modify any right or remedy that cannot lawfully be excluded, restricted, or modified under applicable law. If a provision of these Terms conflicts with a mandatory consumer-protection law applicable to you, the mandatory law will control, and the affected provision will apply only to the maximum extent permitted by that law. The remaining provisions of these Terms will remain in effect.

 

B.             Accessing the Website and Account Security

 

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

 

You are responsible for both:

 

·      Making all arrangements necessary for you to have access to the Platform.

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

 

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

 

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

 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

C.            Intellectual Property Rights

 

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

 

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

 

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

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

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

·      If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

·      If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

·      Modify copies of any materials from the Platform.

·      Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

·      Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from PPP’s Platform.

·      Access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

 

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

 

D.            Trademarks and Copyright

 

PPP’s name, the terms PINK PALM PUFF™, PPP®, EVERYTHING COMES IN WAVES™, CHASE THE SUN™, LIVE IN THE MOMENT™, HAWAII HIBISCUS™, TO LIVE FOR THE HOPE OF IT ALL™, PINK PALM POP™, PINK PALM PAJAMAS®, PINK PALM PUFFER, CloudTerry™, Pink Palm Puff Palm Tree Logo, and all other related names, logos, product and service names, designs, and slogans are trademarks and/or copyrights of PPP or its affiliates. You must not use such marks and/or copyrighted works without the prior written permission of PPP. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

 

E.             Prohibited Uses

 

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

 

·      In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·      For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·      To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

·      To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

·      To impersonate or attempt to impersonate PPP, a PPP employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

·      To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm PPP or users of the Platform, or expose them to liability.

 

Additionally, you agree not to:

 

·      Use the Platform in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

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

·      Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

·      Use any device, software, or routine that interferes with the proper working of the Platform.

·      Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·      Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

·      Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

·      Otherwise attempt to interfere with the proper working of the Platform.

 

F.             User Contributions

 

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other features that permit users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, disclose, sell, sublicense, modify, perform, display, distribute, create derivative works from, and otherwise monetize to third parties any such material for any purpose, including to the extent any User Contribution contains your or any other person’s name, likeness, voice, or biographical information (“Personal Rights”).

 

You represent and warrant that:

 

·      You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and

·      All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PPP, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

 

G.            Monitoring and Enforcement; Termination

 

We have the right to:

 

·      Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·      Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for PPP.

·      Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·      Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

·      Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

 

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

 

Please note that we cannot review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

H.            Content Standards

 

These content standards apply to any and all User Contributions and use of the Platform. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

·      Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·      Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·      Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·      Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

·      Be likely to deceive any person.

·      Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·      Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·      Impersonate any person or misrepresent your identity or affiliation with any person or organization.

·      Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·      Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

I.              Copyright Infringement

 

PPP respects the intellectual property rights of others. If you believe that any User Contributions violate your copyright, please provide our Copyright Agent with the information. 

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that you claim is infringing or is the subject of infringing activity and that you request be removed or access to which be disabled, together with information reasonably sufficient to permit us to locate the material;
• Contact information that will sufficiently permit PPP to reach you as the complaining party, such as your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Pink Palm Puff, Attn: Copyright Agent, 1601 Belvedere Rd, E-300, West Palm Beach, Florida  33406, or by email to legal@pinkpalmpuff.com.

 

It is the policy of PPP to terminate the user accounts of repeat infringers.

 

J.              Content Disclaimer

 

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

 

K.            Changes to the Website

 

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

 

L.             Consent to Electronic Communications

 

By using the Platform, you authorize PPP to send you information regarding their products and services made available through the Platform. You can review your account notification settings and select your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through your notification settings. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

 

M.           Purchases, Promotions and Other Terms and Conditions

 

All purchases made through our Platform or at any PPP Store (as defined in PPP’s Terms of Sale below), and any other transactions involving the sale or promotion of products through the Platform or in any PPP Store, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.  

 

N.            Linking, Social Media Features, and Authorized Promotional Uses

 

You may link to the homepage of the Platform, provided that you do so in a manner that is fair and lawful, does not damage or take advantage of PPP’s reputation, and does not suggest any association, approval, sponsorship, or endorsement by PPP where none exists. PPP reserves the right to withdraw linking permission at any time.

 

The Platform may provide social sharing or similar features that permit you to:

 

·       link from your own website or certain third-party websites or platforms to content and materials on the Platform, including text, photographs, images, graphics, logos, product descriptions, videos, and other materials (“Site Content”);

·       send emails or other communications containing content from, or links to content on, the Platform; or

·       cause limited portions of content from the Platform to be displayed on certain third-party websites or platforms.

 

You may use these features only as provided by PPP, solely with respect to the content for which the applicable feature is made available, and in accordance with these Terms of Use, any applicable Content Standards, and any additional terms or conditions applicable to the feature.

 

Except as expressly permitted by PPP, you may not:

 

·       establish a link to the Platform from a website or other digital property that you do not own or control;

·       frame, mirror, embed, deep link to, in-line link to, or otherwise display the Platform or any portion of the Platform on or through another website, application, platform, or service;

·       use any automated means, including bots, crawlers, spiders, scrapers, or other data extraction tools, to access, copy, extract, collect, index, reproduce, or use any content or data from the Platform;

·       copy, download, reproduce, republish, distribute, display, modify, create derivative works from, or otherwise use Site Content for any commercial or promotional purpose; or

·       otherwise use the Platform or Site Content in a manner inconsistent with these Terms of Use.

 

Except as expressly permitted in these Terms of Use, Site Content, including text, photographs, images, graphics, logos, product descriptions, videos, pricing information, and other content or materials made available through the Platform, may be accessed, downloaded, copied, or reproduced solely for personal, noncommercial use.

 

Notwithstanding the foregoing, influencers, creators, publishers, affiliates, technology providers, and other promotional or commercial partners that PPP has expressly authorized in writing or through a PPP-approved affiliate, creator, marketing, or technology program or platform (“Authorized Partners”) may access, use, reproduce, display, link to, and otherwise use Site Content solely to the extent reasonably necessary to perform the activities expressly authorized by PPP and subject to the terms of the applicable program, platform, campaign, agreement, or other authorization.

 

Without limiting the foregoing, PPP may authorize certain third-party platforms to access, crawl, scrape, index, extract, reproduce, display, and use product information and other Site Content to the extent reasonably necessary to operate PPP’s participation in the applicable platform or program. No person or entity is authorized to engage in scraping, crawling, automated data collection, commercial reproduction, or similar use of the Platform or Site Content solely because that person or entity operates or participates in an affiliate, influencer, creator, marketing, artificial intelligence, data aggregation, or other third-party service. Any such use requires PPP’s express written authorization.

 

Authorized Partners may use Site Content only for the purposes and during the period authorized by PPP and may not materially alter Site Content in a manner that is false, misleading, deceptive, defamatory, or that misrepresents PPP, its products or services, or the Authorized Partner’s relationship with PPP. Authorized Partners must comply with all applicable laws, regulations, advertising standards, endorsement and disclosure requirements, and any additional guidelines or instructions provided by PPP.

 

PPP may modify, suspend, or revoke any authorization granted under this section at any time, subject to any contrary terms of a separate written agreement. Upon termination or revocation of an authorization, the Authorized Partner must cease the applicable use of Site Content and, where reasonably practicable, remove or disable any copies or displays of Site Content within its control.

 

You agree to cooperate with PPP in causing any unauthorized linking, framing, scraping, reproduction, display, or other use of the Platform or Site Content to cease.

 

O.            Third Party Sites, Applications and Services

 

The Platform may contain links to, integrate with, or otherwise provide access to websites, applications, platforms, features, products, services, content or other resources that are owned, operated, or provided by third parties (“Third Party Services”). Third-Party Services may include, without limitation, payment and financing services, delivery and fulfillment services, social media platforms, customer review tools, loyalty or rewards programs, customer support or communication tools, and other applications, plug-ins, widgets, APIs, or integrations made available through or in connection with the Platform.

 

We do not own or control Third-Party Services and are not responsible for their availability, functionality, content, products, services, security, accuracy, or practices. The inclusion, availability, or use of any Third-Party Service through the Platform does not constitute or imply our endorsement, sponsorship, or recommendation of that Third-Party Service or its provider.

 

Your access to and use of Third-Party Services may be subject to separate terms, conditions, policies, and agreements imposed by the applicable third party. You are responsible for reviewing and complying with any such terms and policies. To the extent permitted by applicable law, your use of Third-Party Services is at your own risk, and we are not responsible or liable for any loss, damage, claim, or other liability arising from or relating to your access to, use of, or reliance on any Third-Party Service.

 

Certain Third-Party Services may require information to be provided to or exchanged with the applicable third-party provider in order to provide the applicable functionality or service. Our collection, use, and disclosure of Personal Data in connection with the Platform are described in our Privacy Policy. Third-party providers may separately collect or process information in accordance with their own privacy notices and practices.

 

P.             Geographic Restrictions

 

The availability of the Platform, products, services, features, and delivery options may vary by country or region. We do not represent that every product, service, or feature is available or lawful in every location. Where PPP actively offers products to consumers in a jurisdiction, nothing in this Section limits the mandatory rights available to those consumers under applicable law. You remain responsible for complying with laws applicable to your use of the Platform, except to the extent that responsibility cannot lawfully be placed on you.

 

Q.            Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data.

 

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF USE BELOW, THE SITES, APPS, USER CONTRIBUTIONS, LINKS, PRODUCTS, SERVICES AND CONTENT PROVIDED VIA THE PLATFORM ARE PROVIDED FOR YOUR CONVENIENCE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. NEITHER PPP NOR ANY PERSON ASSOCIATED WITH PPP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER PPP NOR ANYONE ASSOCIATED WITH PPP REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE PLATFORM OR YOUR DOWNLOADING OF ANY FILES OR MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PPP AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

R.            Limitation on Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PPP, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR THIRD-PARTY PARTNERS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PLATFORM, ANY APP, ANY WEBSITE LINKED TO THE PLATFORM, OR ANY CONTENT MADE AVAILABLE THROUGH ANY OF THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF SUCH DAMAGES WERE FORESEEABLE OR PPP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY ARISING DIRECTLY FROM PPP’S FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE.

 

TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THESE TERMS IS PROHIBITED OR UNENFORCEABLE UNDER APPLICABLE LAW, SUCH EXCLUSION OR LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND PPP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR LIMIT ANY RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR LIMITED UNDER APPLICABLE LAW. THE INVALIDITY OR UNENFORCEABILITY OF ANY PARTICULAR EXCLUSION OR LIMITATION WILL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER EXCLUSION, LIMITATION, OR PROVISION OF THESE TERMS.

 

S.             Indemnification

 

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

 

T.             Governing Law and Jurisdiction

 

Except where prohibited by applicable law, all matters relating to the Platform and these Terms of Use, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Florida and applicable federal laws of the United States, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). If you are a consumer residing outside the United States, this choice of law does not deprive you of the protection of any mandatory law of the country, province, state, or territory in which you ordinarily reside. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

 

Subject to the Arbitration Agreement below and except where applicable law gives a consumer the right to bring proceedings elsewhere, litigation arising out of or relating to the Platform will be brought in the courts located in Palm Beach County, Florida.

 

U.            Arbitration Agreement

 

To the fullest extent permitted by applicable law, the arbitration provisions set forth in these Terms of Use shall apply to all disputes within their scope. If applicable law prohibits or restricts the enforcement of any such arbitration provision, it shall apply to the maximum extent permitted by law, and any dispute that cannot lawfully be required to be arbitrated shall be resolved in accordance with the dispute resolution procedures required by applicable law.

Where these Terms of Use include additional or alternative terms applicable to consumers in a particular country or jurisdiction, such terms shall apply only to the extent required by applicable law and, in the event of a conflict with the generally applicable provisions of these Terms of Sale, shall control only to the extent necessary to comply with such law. Except to that limited extent, all other provisions of these Terms of Use, including the arbitration provisions, shall remain in full force and effect.

                                 i.                  General

 

PPP believes that arbitration offers a prompt, efficient way to resolve any dispute, controversy, or other claim that may arise between you and us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms of Use, as well as claims that may arise after the termination of these Terms of Use.

 

To the maximum extent permitted by law, you and PPP agree to submit all Disputes arising out of or relating in any way to these Terms of Use or prior versions, any communications from PPP, any products sold or distributed through the Platform or PPP Stores, your account, your access to or use of the Platform (including for the purchase of PPP products), your User Contributions, or Personal Rights contained in them, including claims and disputes that arose between us before the effective date of these Terms of Use, will be resolved exclusively and finally by a single arbitrator using binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as further detailed in this Section I(U) (“Arbitration Agreement”). DISPUTES WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR SIMILAR ACTION, EXCEPT AS PROVIDED BELOW. There is no judge or jury in arbitration; discovery and other procedures are more limited and less formal; and court review of an award is limited. The arbitrator must follow these Terms of Use and may award the same individual damages and relief as a court, including attorneys’ fees where authorized.

 

Notwithstanding the above, you agree that any Dispute brought by PPP arising out of or relating to the infringement, misappropriation, unauthorized use, or other misuse of PPP’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), will be brought exclusively in the state or federal courts located in Palm Beach County, Florida. Each party irrevocably consents to the exclusive jurisdiction and venue of those courts for purposes of any such dispute.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE SUBJECT TO THIS ARBITRATION AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES; OTHERWISE, THE CLAIM IS BARRED. THIS CONTRACTUAL LIMITATION DOES NOT APPLY WHERE IT WOULD SHORTEN A MANDATORY STATUTORY LIMITATION PERIOD OR OTHERWISE BE PROHIBITED BY APPLICABLE LAW.

 

                               ii.                  Waiver of Jury Trial, Class and Other Non-Individualized Relief

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PPP KNOWINGLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

 

Except for matters expressly excluded from arbitration under this Arbitration Agreement, you and PPP agree to resolve all Disputes through binding arbitration rather than through a court proceeding. An arbitration award is subject only to the limited judicial review available under applicable law.

 

                              iii.                  Individual Proceedings; Class Action Waiver

 

EXCEPT AS EXPRESSLY PROHIBITED BY LAW, YOU AND PPP AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. The arbitrator may grant declaratory, injunctive, or other relief only to the individual party seeking such relief and only to the extent necessary to resolve that party’s individual claim.

 

Notwithstanding anything to the contrary in this Arbitration Agreement, the individual-proceeding and class-action-waiver requirements herein apply only to the maximum extent permitted by applicable law. Nothing in this Arbitration Agreement limits or excludes any right that cannot lawfully be limited or excluded.

 

If a court of competent jurisdiction enters a final, non-appealable determination that any portion of this individual-proceeding requirement is unenforceable with respect to a particular claim or request for relief, you and PPP agree that that particular claim or request for relief will be severed from the arbitration and may be litigated in the state or federal courts located in the State of Florida. All remaining claims will continue in arbitration or, if eligible, in small claims court. Nothing in this provision prevents either party from participating in a class-wide settlement.

 

                              iv.                  Informal Dispute Resolution Before Arbitration

 

Should a Dispute arise between you and PPP, you and PPP agree to attempt to resolve such Dispute informally and in good faith prior to initiating any proceeding. Notice of any Dispute (“Notice of Dispute”) should be sent by you to legal@pinkpalmpuff.com and must include: (i) your full name; (2) your mailing address; (iii) a description of the facts and legal basis of the Dispute; and (iv) the specific remedy or relief you are requesting. PPP will send a Notice of Dispute to you using the contact information associated with your account or otherwise available to PPP. Neither party may commence arbitration until forty-five (45) days after the other party receives the required Notice of Dispute. If the Dispute remains unresolved after that period, either party may initiate arbitration in accordance with this Arbitration Agreement. If you have timely opted out of arbitration as described below, you may instead pursue your claim in court, subject to these Terms of Use and applicable law.

 

                                v.                  30-Day Arbitration Opt-Out

 

Notwithstanding the above, you have the right to opt out of the provisions of this Arbitration Agreement within thirty (30) days from the date that you first agree to these Terms of Use (the “Opt-Out Deadline”). To opt out of arbitration, please email the following information to legal@pinkpalmpuff.com: (i) your full name; (ii) your mailing address; and (iii) a clear statement that you are opting out of the arbitration agreement in these Terms of Use and do not wish to resolve Disputes with PPP through arbitration.

 

Your decision to opt out of arbitration will have no adverse effect on your account, purchases, or relationship with PPP. An opt-out request received after the thirty (30) day Opt-Out Deadline will not be valid, and you will be required to pursue any Dispute in arbitration.

 

If you opt out of this Arbitration Agreement, the remainder of these Terms of Use will remain in effect and continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that may otherwise apply between you and PPP.

 

                              vi.                  Arbitration Process

 

If the Dispute is not resolved during the forty-five (45)-day informal resolution period set forth in Section I(U)(v) above, either you or PPP may initiate arbitration proceedings. Arbitration will be administered by the AAA before one arbitrator pursuant to the Consumer Arbitration Rules and the Mass Arbitration Supplementary Rules, as applicable, then in effect. The AAA rules are available at www.adr.org. In the event of conflict between the AAA rules and PPP’s Terms of Use, these Terms of Use shall govern.

 

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or relating to the interpretation or application of this Arbitration Agreement, its enforceability, revocability, scope, validity, or any other portion. The arbitration proceeding may not be joined or consolidated with any other matters or with claims involving other parties.

 

The arbitration will be private, confidential and conducted in English. The parties will treat documents, testimony, evidence, and other materials exchanged or produced in arbitration proceedings as confidential. Such materials may be disclosed to the parties’ attorneys, accountants, experts, or business advisors only as reasonably necessary for the arbitration and provided those persons are required to maintain their confidentiality. The parties may disclose arbitration materials to the extent reasonably necessary to enforce, confirm, modify, or challenge an arbitration award or as otherwise required by law.

 

To the extent the transaction or relationship between you and PPP involves interstate commerce, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. will govern the interpretation and enforcement of this Arbitration Agreement, notwithstanding any choice-of-law provision elsewhere in these Terms of Use.

 

Nothing in this Arbitration Agreement prevents PPP or you from requesting appropriate temporary, preliminary, or provisional relief from a court of competent jurisdiction where such relief is necessary to preserve the status quo, support the arbitration process, compel arbitration, stay litigation pending arbitration, or prevent actual or threatened infringement, misappropriation, or misuse of intellectual property rights.

 

                            vii.                  Attorneys’ Fees and Arbitration Costs

 

Except as otherwise provided in the “Last-Best Offer” provision below, each party will be responsible for their own attorneys’ fees and expenses incurred in connection with any arbitration proceedings. However, the arbitrator may award fees of costs if it determines that a party’s Dispute, or the relief requested, was frivolous or pursued for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b).

 

Responsibility for AAA filing fees, administrative fees, and arbitrator compensation will be determined under the applicable AAA rules, except where this Arbitration Agreement expressly provides otherwise. If a party is compelled to seek, and subsequently obtains, a court order compelling the other party to arbitration, the prevailing party has the right to collect its reasonable attorneys’ fees and costs incurred in obtaining the order compelling arbitration. The prevailing party in a court proceeding concerning whether a required pre-arbitration condition has been satisfied may likewise recover reasonable attorneys’ fees and costs.

 

                           viii.                  Last-Best Offer

 

No later than fourteen (14) days before a scheduled arbitration, PPP may serve you with a written “last-best” settlement offer (“Last-Best Offer”). If the arbitrator ultimately awards you an amount that is equal to or less than that Last-Best Offer, then you will be responsible for (i) bearing your own attorneys’ fees and expenses incurred after the date of the offer and (ii) reimbursing PPP for its AAA/arbitrator fees after the date of the offer.

 

                              ix.                  Arbitration Award

 

The arbitrator may award any remedy available to the individual claimant under applicable law. The arbitrator’s decision will be in writing, however, unless a party requests a reasoned decision, the arbitrator need not separately state the factual or legal basis for the award. The award will be final and binding, and judgment on the award may be entered in any court having jurisdiction for enforcement purposes.

 

                                x.                  Place and Manner of Arbitration

 

Unless otherwise agreed by you and PPP, the arbitration will take place in Palm Beach County, Florida. Subject to applicable AAA rules and the arbitrator’s discretion, the proceeding may be conducted by telephone, videoconference, written submissions, or in person, as appropriate. The arbitrator may permit a reasonable and proportionate exchange of relevant information consistent with the efficient nature of arbitration.

 

If the AAA is unavailable or unwilling to administer the arbitration, the parties will attempt in good faith to select another nationally recognized arbitration provider. If the parties cannot agree, either party may ask a court of competent jurisdiction to appoint an alternative arbitral forum or arbitrator as permitted by applicable law.

 

                              xi.                  Modification

 

Notwithstanding any provision to the contrary in these Terms of Use, you and PPP agree that if PPP later makes a material modification to this Arbitration Agreement, PPP will provide notice of that change in the manner described in Section I(A) above. Unless you reject such material modification within thirty (30) days after it takes effect by sending written notice to legal@pinkpalmpuff.com, your continued use of the Platform, including your purchase or acceptance of products or services made available through the Platform after the revised Arbitration Agreement is posted, will constitute your agreement to the updated terms. Modification of this Arbitration Agreement does not create a new opportunity for you to opt out of the Arbitration Agreement if you previously accepted a version of these Terms of Use and did not timely and properly opt out pursuant to Section I(U)(v) above. Your rejection of any modification to this Arbitration Agreement does not alter your prior binding agreement to arbitrate Disputes as of the date you first accepted these Terms of Use, or the date you accepted a later version of them. Your prior agreement to arbitrate remains valid and enforceable. PPP will continue to recognize any valid arbitration opt out that you previously submitted under an earlier version of these Terms of Use.

 

V.            Entire Agreement; Waiver; Severability

 

The Terms of Use, together with PPP’s Privacy Policy, Terms of Sale, and Mobile Terms of Service constitute the complete and exclusive agreement between you and PPP regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

 

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and PPP.  No waiver by PPP of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PPP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

Except as otherwise stated in Section I(U)(iii) above, if any provision set out in these Terms of Use, including, but not limited to, the Arbitration Agreement, is determined to be invalid or unenforceable, that provision will be severed to the extent necessary, and the remaining provisions will remain valid and enforceable.

 

W.           Notices

 

Notices to PPP should be directed to:

 

Pink Palm Puff Customer Service
1601 Belvedere Rd, E-300
West Palm Beach, FL 33406

legal@pinkpalmpuff.com

 

You consent to receive notices and other communications relating to these Terms of Use by PPP’s posting notices on the Platform, sending you an email at the email address provided when you make a purchase or listed in your profile in your account, or mailing a notice to you at your billing address. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Platform, please send an email to privacy@pinkpalmpuff.com. You may also contact us by writing to Pink Palm Puff, 1601 Belvedere Rd, E-300, West Palm Beach, Florida  33406, Attn: Legal. California residents may reach the Consumer Assistance Unit of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

X.            Contact Us

 

If you have any questions regarding these Terms of Use, please contact us by email at legal@pinkpalmpuff.com.

 

 II.           TERMS OF SALE

 

These terms and conditions of sale (“Terms of Sale”) govern PPP’s sale of products and services through any PPP Store and the Platform to you and the legal implications of the contract formed when you purchase products or services from the Platform (an “Order”). For purposes of these Terms of Sale, “PPP Store” means the Platform and any physical retail location operated by or on behalf of PPP, whether permanent or temporary, including any pop-up shop, pop-up event, showroom, or other temporary retail location at which PPP’s products or services are offered for sale, promotion, pickup, return, or exchange.

 

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE PLATFORM IF YOU (i) DO NOT AGREE TO THESE TERMS OF SALE, (ii) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PPP OR, (iii) ARE PROHIBITED FROM ACCESSING OR USING THE PLATFORM OR ANY OF THE PLATFORM’S CONTENT, SERVICES OR GOODS BY APPLICABLE LAW.

 

PPP may revise these Terms of Sale from time to time. Revised Terms of Sale apply prospectively from their stated effective date and do not affect an Order placed before that date unless the change is required by law or you expressly agree to it. Where required by applicable law, PPP will provide reasonable advance notice of material changes.

 

These Terms of Sale are an integral part of PPP’s Terms of Use that apply generally to the use of PPP’s Platform. You should also carefully review PPP’s Privacy Policy before placing an Order through the Platform.

 

A.            Order Acceptance and Cancellation

 

                                 i.                  Placing an Order

 

You agree that your Order is an offer to buy, under these Terms of Sale, all products and/or services listed in your Order. To place an Order, you will be required to submit your name, billing and/or shipping address, email address, telephone number, and a valid form of payment on the “Order Summary” page. Before submitting your Order, you should review the details of the Order carefully, including the product and/or service description and specifications, size, color, quantity, price, and any applicable shipping charges, delivery fees, and taxes, as well as these Terms of Sale. PPP reserves the right, at its sole discretion, to accept or reject any Order prior to shipment of the Order.

 

By submitting your Order, you agree to these Terms of Sale and authorize payment of the total amount shown at checkout. After your Order is submitted, we may provide an order confirmation number and/or send an acknowledgment to the email address you provided. This acknowledgment confirms only that we have received your Order and does not necessarily constitute acceptance of the Order. If PPP accepts your Order, we will notify you by email. For products that are shipped, we will send a shipping confirmation when the applicable product leaves our warehouse or fulfillment facility.

 

Please note that some products or services on our Platform may not be available in PPP Stores, and vice versa.

 

                               ii.                  Cancelling an Order

 

PPP reserves the right, in our discretion and the extent permitted by applicable law, to refuse, limit, or cancel any Order, in whole or in part, before fulfillment. PPP may exercise this right for reasons including, without limitation, product availability, errors in pricing or product information, purchase or quantity limits, inability to verify or authorize payment, suspected fraud or unauthorized activity, suspected resale of other commercial use, shipping or delivery restrictions, misuse of promotional offers or discounts, violations of these Terms of Sale, our Terms of Use, or other terms or policies applicable to your use of our Platform, or other circumstances that reasonably prevent us from processing or fulfilling the Order.

 

If we cancel all or any portion of an Order after payment has been received, PPP will refund the amount paid for the cancelled product(s) to the original Payment Method, except as otherwise required or permitted by applicable law. We may also notify you if an Order is cancelled or if additional information is required before we can process or fulfill it.

 

B.             Pricing and Payment Terms

 

                                 i.                  Prices

 

All prices, discounts, and promotions posted on the Platform are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed and will be set out in the Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your Order confirmation email. PPP strives to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences.

 

PPP may offer, from time to time, promotions on the Platform that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.

 

                               ii.                  Payment Methods

 

Terms of payment are within PPP’s sole discretion and payment must be received by us before we accept an Order. The payment options available to you for all purchases (each a “Payment Method”) include, but are not limited to, Visa, MasterCard, American Express, Discover, Diner’s Club, JCB UnionPay, PayPal, Shop, Google Pay, Cash App Pay, Afterpay and PPP gift card. You represent and warrant that (i) the payment information you supply to PPP is true, correct, and complete, (ii) you are duly authorized to use such Payment Method for your purchase, (iii) charges incurred by you will be honored by the payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your Order. Unless otherwise stated at checkout, your Payment Method will not be charged until your Order is prepared for shipment or otherwise processed for fulfillment. 

 

We use reasonable measures designed to help protect the security of payment transactions conducted through the Platform. To help detect and prevent fraud or other unauthorized activity, we may perform verification and security checks in connection with any Order. These checks may include contacting you to confirm information before your Order is processed. We may also use third-party credit, identity verification, payment security, or fraud-prevention service providers and may provide them with information relating to your Order as reasonably necessary for those purposes. Any Personal Data we collect, use, or disclose in connection with these activities will be handled in accordance with our Privacy Policy.

 

Certain Payment Methods, including installment payment or other third-party payment services, may be subject to separate eligibility criteria, approval processes, terms, conditions, or policies imposed by the applicable provider. If you choose to use one of these Payment Methods, you should review the provider’s applicable terms and disclosures before completing your Order.

 

C.            Shipping; Delivery; Title and Risk of Loss

 

PPP will arrange for shipment of the available products in your Order to you. Please review the specific shipping options available to you prior to submitting your Order. You will pay all shipping and handling charges disclosed during checkout. We will use commercially reasonable efforts to deliver your Order by the estimated delivery date provided in your shipping confirmation. Delivery dates are estimates unless applicable law or our express agreement makes a stated date binding. A delay caused by circumstances beyond PPP’s reasonable control will not make PPP liable for losses that applicable law permits us to exclude, but nothing in these Terms limits any mandatory right to cancel an Order, receive a refund, require delivery, or pursue another statutory remedy because of delayed or failed delivery.

 

Except where applicable law provides otherwise, title passes after we receive payment in full and delivery is complete when your Order is delivered to the shipping address you provided.

 

Depending on the delivery location, additional delivery charges or regional fees may apply. Any applicable delivery fee will be disclosed during checkout and included in the total amount shown on the Order Summary page before you complete your purchase.

 

D.            Returns and Refunds

 

Except for any products designated on the Platform as final sale or non-returnable, PPP voluntarily accepts returns for a refund of the purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided such products are returned in their original condition. You can submit a return or exchange request to PPP at https://pinkpalmpuff.loopreturns.com/#/. Unless applicable law provides otherwise, we allow one return or exchange per item, and return postage is your responsibility unless the product arrived damaged, defective, or incorrect. As you bear the risk of loss during return shipment, we strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

 

Please allow time for your return to be delivered to and processed by our returns facility. If, after inspection, your return is accepted as eligible for a refund under this Return Policy, we will initiate any applicable refund to your original method of payment within the time required by applicable law. After we initiate the refund, your bank, card issuer, or payment provider may require additional time to process and post the refund to your account. Your refund will be credited back to the same Payment Method used to make the original purchase on the Platform. PPP’s voluntary return policy operates in addition to, and does not limit, any mandatory rights or remedies available under applicable consumer law.

E.             Goods Not for Resale; Export Compliance

 

You represent and warrant that any purchases made by you on the Platform or from any PPP Store are for your own personal or household use only, and not for resale or export.

 

Products purchased through the Platform may be subject to applicable customs, import, export control, trade, and economic sanctions laws and regulations of the United States and other jurisdictions. You agree to comply with all such laws and regulations in connection with your purchase, shipment, transfer, or use of any product.

 

You may not export, re-export, resell, transfer, ship, or otherwise provide any product purchased through the Platform or any PPP Store, directly or indirectly, to any country, territory, individual, or entity where such transaction is prohibited or restricted by applicable law, unless you have first obtained any required governmental authorization. 

 

You further represent and warrant that you are not purchasing products for shipment or transfer to any person or entity subject to applicable trade or economic sanctions or other governmental restrictions, and that you will not use or transfer products in violation of any applicable export control or sanctions requirements.

 

PPP reserves the right to refuse, restrict, or cancel any Order where we reasonably believe that completing the transaction or shipment may violate applicable customs, trade, export control, or sanctions laws or regulations.

 

F.             Limited Warranty and Disclaimers

 

PPP stands behind the quality of the products and services we provide. If a product contains a defect in materials or workmanship, your remedy will be limited to replacement of the defective product with the same product or, if it is no longer available, a comparable product of similar type and value. If services are not performed in accordance with applicable standards or the terms under which they were provided, your remedy will be limited, at PPP’s option, to re-performance of the affected services or another reasonable corrective remedy determined by PPP. The foregoing limitations apply except to the extent a different remedy is required by applicable law.

 

Damage, deterioration, or other conditions resulting from normal wear and tear, improper use, handling, storage, maintenance, or care, accident, alteration, abuse, misuse, failure to follow applicable instructions, or use of a product or service for a purpose for which it was not designed or intended will not constitute a defect. Variations in color, texture, finish, appearance, dimensions, or other characteristics that are inherent in the materials used, the manufacturing process, or the handcrafted nature of a product, and that do not materially impair the product’s intended use or functionality, will not constitute a defect.

 

If you believe a product or service is defective, you must submit a return, exchange, or other defect claim through PPP’s designated request portal at https://pinkpalmpuff.loopreturns.com/#/, and provide reasonable proof of purchase together with photographs, documentation, or other evidence sufficient to identify and evaluate the claimed defect. To the extent permitted by applicable law, PPP may require that the affected product be returned or otherwise made available for inspection before determining whether a defect exists and what remedy, if any, is available. Except to the extent a different procedure or remedy is required by applicable law, submitting a claim through the designated request portal and following PPP’s reasonable claim-review procedures is the exclusive method for seeking a remedy for an alleged defect.

 

G.            Dispute Resolution and Limitation of Liability

 

In addition to the limitations of liability set forth in Section I(Q) of PPP’s Terms of Use, which are incorporated into these Terms of Sale by reference, this Section applies to all claims arising out of or relating to these Terms of Sale, including any purchase, order, return, exchange, transaction, use of or access to the Platform or any PPP Store, or attendance at or participation in any event or activity hosted, sponsored, organized, or conducted by or on behalf of PPP.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR ANY PURCHASE, ORDER, RETURN, EXCHANGE, OR RELATED TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.

 

NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PPP’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY INDIVIDUAL’S ATTENDANCE AT OR PARTICIPATION IN AN EVENT OR ACTIVITY HOSTED, SPONSORED, ORGANIZED, OR CONDUCTED BY OR ON BEHALF OF PPP WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

 

NOTHING IN THESE TERMS OF SALE IS INTENDED TO EXCLUDE, RESTRICT, OR LIMIT ANY LIABILITY, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY LIMITATION SET FORTH IN THIS SECTION IS DETERMINED TO BE INVALID, INAPPLICABLE, OR UNENFORCEABLE, THAT LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND THE REMAINDER OF THIS SECTION WILL REMAIN IN FULL FORCE AND EFFECT.

 

H.            Force Majeure

 

PPP will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

I.              Governing Law and Jurisdiction.

Except to the extent prohibited by applicable law, these Terms of Sale and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. If you are a consumer residing outside the United States, nothing in this choice-of-law provision is intended to limit or exclude any mandatory rights or protections afforded to you under the laws of your place of habitual residence that cannot lawfully be waived or limited by agreement.

J.              Assignment and Third-Party Rights

 

You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

K.            No Waivers

 

The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of PPP.

 

L.             Miscellaneous

 

If any provision of these Terms of Sale is determined by a court or other competent authority to be invalid, unlawful, or unenforceable in any jurisdiction, that determination will not affect the validity or enforceability of the remaining provisions of these Terms of Sale or the enforceability of that provision in any other jurisdiction. To the extent permitted by applicable law, the affected provision will be interpreted, modified, or limited as necessary to best give effect to its intended purpose while remaining enforceable.

 

Our obligations under these Terms of Sale are subject to applicable laws, regulations, governmental requirements, and legal process. Nothing in these Terms of Sale, our Privacy Policy, Mobile Terms of Service, or Terms of Use limits our ability to comply with lawful requests, orders, or requirements from law enforcement, courts, regulators, or other governmental authorities relating to your use of the Platform or information provided to or collected by us in connection with such use.

 

M.           Entire Agreement

 

These Terms of Sale, the Terms of Use, Privacy Policy, and Mobile Terms of Service, as applicable, constitute the entire agreement, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and PPP with respect to the Platform.

 

 III.         CANADA SPECIFIC TERMS

 

The provisions of this Section apply to consumers and transactions to the extent governed by applicable Canadian federal, provincial, or territorial consumer protection law. References in this section to the province or territory in which you reside mean the province or territory whose mandatory consumer protection laws apply to the applicable transaction.

 

A.            Consumer Rights

 

If you are a consumer who ordinarily resides in Canada, these Terms of Use and Terms of Sale are subject to applicable federal, provincial, and territorial consumer protection laws. Nothing in these Terms of Use or Terms of Sale is intended to exclude, restrict, waive, or limit any right, remedy, warranty, guarantee, condition, or protection available to you under applicable law that cannot lawfully be excluded, restricted, waived, or limited. To the extent any provision of these Terms of Use or Terms of Sale conflicts with a mandatory requirement of applicable Canadian law, the applicable law will control to the extent of the conflict.

 

B.             ARBITRATION NOTICE

 

EXCEPT WHERE PROHIBITED AT LAW (INCLUDING WITH RESPECT TO QUÉBEC, BRITISH COLUMBIA OR ONTARIO CONSUMERS), ALL DISPUTES BETWEEN YOU AND PPP ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OF USE OR TERMS OF SALE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. EXCEPT WHERE PROHIBITED AT LAW (INCLUDING WITH RESPECT TO QUÉBEC, BRITISH COLUMBIA OR ONTARIO CONSUMERS), YOU AND PPP BOTH IRREVOCABLY AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION. FOR CLARITY, THIS PROVISION DOES NOT APPLY TO CONSUMERS RESIDING IN ONTARIO.

 

C.            Notice of Dispute

 

In the event you intend to commence an arbitration proceeding, you must first notify PPP in writing at least 30 days in advance of initiating the arbitration by sending a letter to Pink Palm Puff Legal Team at 328 Queen St W, M5V 2A2, Toronto, ON (the “Notice of Dispute”). You and PPP agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the product or service that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and PPP are unable to resolve the dispute within 30 days of PPP’s receipt of the Notice of Dispute, the dispute shall be resolved by binding arbitration in accordance with the procedure set out herein. You and PPP both agree that, during the arbitration proceeding, the terms (including any amount) of any settlement offer made by either you or PPP will not be disclosed to the arbitrator until the arbitrator determines the dispute.

 

D.            Agreement to Binding Arbitration and Class Action Waiver

 

Upon failure to resolve the dispute during the 30 day period after PPP’s receipt of the Notice of Dispute, you and PPP agree to resolve any claims between you and PPP only by binding arbitration on an individual basis, unless you opt out as provided below, or you reside in a jurisdiction that prevents full application of this clause in the circumstances of the claims at issue (in which case if you are a consumer, this clause will only apply if you expressly agree to the arbitration). To the extent permitted by applicable law, any dispute between you and PPP must proceed on an individual basis and may not be combined or consolidated with any other person’s claim or proceed as part of any class, collective, consolidated, or representative action. Instead of arbitration, either party may bring an individual action in small claims court, but that small claims court action may not be brought on a class or representative basis except to the extent this prohibition is not permitted at law in the jurisdiction in which you reside as it relates to the claims at issue between you and PPP. This does not apply to consumers in Ontario, British Columbia or Québec. In accordance with provincial legislation, the consumer and PPP may agree to resolve the dispute using any procedure available, including commencing the action in the Superior Court of Justice.

 

E.             Arbitration Rules and Procedures

 

To begin arbitration of a Dispute, either you or PPP must make a written demand for arbitration. The arbitration will be private and confidential, and conducted on a simplified and expedited basis before a single arbitrator chosen by the parties under the provincial or territorial commercial arbitration law and rules of the province or territory of your residence. You must also send a copy of your written demand to Pink Palm Puff Legal Team at 328 Queen St W, M5V 2A2, Toronto, ON. This arbitration provision is governed by your applicable provincial or territorial commercial arbitration legislation. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except that, issues relating to the scope and enforceability of the arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision.

 

F.             Governing Law and Forum

 

The law of the province or territory of your purchase shall govern the Terms of Use and Terms of Sale and any disputes between you and PPP except to the extent that such law is preempted by or inconsistent with applicable federal or provincial/territorial law. Should arbitration not be permitted for any claim, action, dispute or controversy between you and PPP, you and PPP attorn to the exclusive jurisdiction of the courts of the province or territory of your purchase for the resolution of the claim, action, dispute or controversy between you and PPP.

 

G.            Fees and Costs

 

To the extent arbitration is permitted and enforceable under applicable law, the payment of filing fees, administrative fees, arbitrator compensation, and other arbitration costs will be governed by the applicable arbitration rules and applicable law. PPP will pay any arbitration fees or costs that it is required to pay under applicable law or the applicable arbitration rules. Each party will otherwise bear its own attorneys’ fees and expenses, except to the extent the arbitrator is authorized or required by applicable law, the applicable arbitration rules, or another applicable agreement to award attorneys’ fees, expenses, or costs.

 

H.            Hearings and Location

 

To the extent arbitration is permitted and enforceable under applicable law, the arbitration may be conducted on the basis of written submissions, by telephone or videoconference, or through an in-person hearing, as agreed by the parties or otherwise determined in accordance with the applicable arbitration rules. Any in-person hearing will take place at a reasonably convenient location in the province or territory whose laws govern the arbitration, unless the parties agree to another location or applicable law or the applicable arbitration rules require otherwise. Where permitted by applicable law, the parties may agree to conduct the arbitration remotely.

 

I.              Severability and Waiver

 

If any portion of the Terms of Use or Terms of Sale (including these arbitration procedures) is unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by applicable law.

 

J.              Opt Out

 

The arbitration provision requires you and PPP to resolve disputes by binding arbitration instead of court, unless the laws of your province or territory do not permit that, or, in other jurisdictions, if you choose to opt out.

 

For individuals that fall within the binding arbitration provisions, you may opt out of this dispute resolution procedure. If you opt out, neither you nor PPP can require the other to participate in an arbitration proceeding. To opt out, you must send notice to PPP no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the product or service by sending an email to legal@pinkpalmpuff.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out e-mail: (a) your name and address and (b) the date on which the product was purchased.

 

In the event that you “Opt Out”, the law of the province or territory of your residence shall govern the Terms of Use and Terms of Sale and any Disputes between you and PPP except to the extent that such law is preempted by or inconsistent with applicable federal or provincial/territorial law. Should arbitration not be permitted for any claim, action, dispute or controversy between you and PPP, you and PPP agree to attorn to the exclusive jurisdiction of the courts of the province or territory of your residence for the resolution of the claim, action, dispute or controversy between you and PPP.

 

Your decision to opt out of arbitration will have no adverse effect on your account, purchases, or relationship with PPP and the remainder of these Terms of Use and Terms of Sale will remain in effect and continue to apply to you.

 

 IV.                  MOBILE APPLICATION TERMS OF SERVICE

 

BY DOWNLOADING, INSTALLING OR USING THE PINK PALM PUFF APP YOU (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE MOBILE TERMS OF SERVICE (the “EULA”), INCLUDING ANY REVISIONS THAT MAY BE MADE FROM TIME TO TIME; (ii) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (iii) ACCEPT AND AGEE THAT YOU ARE LEGALLY BOUND BY THE EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE IMMEDIATELY.

 

A.            Governing Terms for the App

 

This EULA is intended to supplement and incorporate by reference (i) if you download or access the App through Apple’s App Store, the applicable Apple Media Services Terms and Conditions, including Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, and any other terms applicable to your use of the App Store (collectively, the “Apple Terms”); (ii) if you download or access the App through Google Play, the applicable Google Play Terms of Service, available at https://play.google.com/about/play-terms/, and any other terms applicable to your use of Google Play (collectively, the “Google Play Terms”); and (iii) PPP’s Terms of Use, Terms of Sale, Privacy Policy, and any other policies expressly applicable to the App (collectively, the “PPP Policies”).

 

If this EULA conflicts with the applicable Apple Terms, Google Play Terms, or PPP Policies, this EULA will govern solely with respect to your access to and use of the App, except to the extent that the applicable Apple Terms or Google Play Terms are required to control, or applicable law provides otherwise.

 

Notwithstanding anything to the contrary, this EULA is entered into solely between you and PPP, and not between you, Apple, Google Play or any other third party. PPP is not responsible for any separate agreements you may have with third parties, including your wireless carrier or other service providers.

 

B.             License Grant and Restrictions

 

Subject to this EULA, PPP grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a supported computer, mobile phone, tablet, console or other device owned or otherwise controlled by you (“Device”). Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall NOT:

 

·      copy the App, except as expressly permitted by this EULA;

·      modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

·      reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

·      remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;

·      rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any feature or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;

·      use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;

·      use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this App, without PPP’s prior written consent;

·      frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile application, website, or service;

·      use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App;

·      remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or

·      use, export, reexport, download, or otherwise access the App or its services in violation of applicable U.S. export control, economic sanctions, or other trade laws and regulations.

 

C.            Reservation of Rights

 

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this EULA, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. PPP and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.

 

D.            Collection and Use of Your Information

 

When you download, install, or use the App, PPP may use automatic means, such as cookies, software development kits, and similar technologies, to collect information about your Device and about your use of the App. You also may be required to provide information about your Device and use of the App. Our collection, use, and disclosure of Personal Data are described in our Privacy Policy. Where consent is required by applicable law, PPP will request that consent separately, and you may withdraw it as described in the Privacy Policy.

 

You are solely responsible for maintaining the confidentiality and security of Personal Data that you transmit from or store on a Device for purposes of the App. You agree to immediately notify PPP of any breach of security. PPP shall not be responsible for any losses arising out of the loss or theft of Personal Data transmitted from or stored on a Device (including, if applicable, Personal Data made accessible through your use of any “persistent login” feature) or from unauthorized or fraudulent transactions associated with the App, unless such unauthorized or fraudulent transactions arises from PPP’s breach of its obligations under the Privacy Policy, this EULA and the PPP Policies, its negligence or willful misconduct.

 

E.             Content and Services

 

The App may provide you with access to PPP’s website located at www.pinkpalmpuff.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by PPP’s Terms of Use and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this EULA.

 

F.             Updates

 

PPP may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PPP has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this EULA.

 

G.            Term and Termination

 

The term of this EULA commences when you install the App and will continue in effect until terminated by you or PPP as set forth in this Section. You may terminate this EULA by deleting the App and all copies thereof from your Device. PPP may terminate this EULA at any time without notice if it ceases to support the App, which PPP may do in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of its terms and conditions. Upon termination: (i) all rights granted to you under this EULA will also terminate; and (ii) you must cease all use of the App and delete all copies of the Application from your Device and account. Termination will not limit any of PPP’s rights or remedies at law or in equity.