1. Acceptance of These Terms
These Terms and Conditions ("Terms") govern access to and use of the website located at thepuffrush.com and any related mobile-optimized site, application, or ordering flow (collectively, the "Platform") operated by PuffRush LLC ("PuffRush," "we," "us," or "our"). You accept these Terms by taking any of the following actions, each of which constitutes your affirmative acceptance: (a) checking the "I agree to the Terms and Conditions and Privacy Policy" box during account creation; (b) clicking "Create Account," "Join the Waitlist," or a similarly labeled button presented alongside a link to these Terms; or (c) placing an order through the Platform. Merely visiting or browsing the Platform does not, by itself, bind you to these Terms. If you do not agree, do not take any of the actions described above.
2. Eligibility and Age Requirement
The Platform facilitates the delivery of age-restricted vapor and nicotine products. You must be at least 21 years old to create an account, place an order, or accept delivery. By using the Platform, you represent and warrant that you are 21 years of age or older and that all information you provide, including your date of birth and identification, is true, current, and accurate.
Products available through the Platform are not intended for use by, and may not be purchased by or on behalf of, anyone under 21, or by anyone who is pregnant or breastfeeding. PuffRush and its Retail Partners reserve the right to refuse service, cancel an order, or decline delivery at any time if age or identity cannot be verified to our satisfaction.
3. What PuffRush Is (and Isn't) — Marketplace Disclosure
PuffRush is a technology platform and delivery service. We are not a tobacco or vapor product retailer, and we do not manufacture, stock, own, buy, or sell any product listed on the Platform. Every product is offered for sale by an independently owned and operated, separately licensed local retail store ("Retail Partner") that has agreed to list its inventory on the Platform. When you place an order, you are entering into a contract of sale directly with the Retail Partner fulfilling that order; PuffRush is not a party to that sale, and title to the product never passes through PuffRush.
- Retail Partners are the retailer of record for every sale made through the Platform. They are solely responsible for the legality, quality, labeling, safety, licensing, and permitting of the products they list and sell, and for complying with all federal, Florida, and local laws applicable to the sale of vapor and tobacco products — including any applicable nicotine/tobacco retail permitting requirements.
- PuffRush is responsible for the technology connecting you to Retail Partners and for coordinating last-mile delivery logistics (see Section 8).
- Because PuffRush does not buy, sell, own, or take title to any nicotine or tobacco product, PuffRush is not itself a nicotine or tobacco retailer or distributor and does not hold nicotine/tobacco retail permits in its own name.
4. Service Area
The Platform currently operates only within Miami-Dade County, Florida. We do not accept, and delivery will not be fulfilled for, orders outside this service area. PuffRush may expand, restrict, or suspend service areas at any time without notice.
5. Account Registration
To place an order, you must create an account and provide accurate, complete registration information, including your legal name, date of birth, email address, phone number, delivery address, and a valid form of government-issued identification for age-verification purposes. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] of any unauthorized use.
6. Age and Identity Verification
Age-restricted commerce is core to how the Platform operates, and verification happens in two stages:
- At signup: your identity and date of birth are checked against an identity-verification database before your account is activated for ordering.
- At delivery: your order is fulfilled through Uber Direct's delivery network. The delivery person will check a valid, unexpired, government-issued photo ID against the name and date of birth on the account before releasing any order. The person accepting delivery must be the account holder (or another individual 21 or older whose ID is checked), physically present, and reasonably sober.
If identification cannot be produced, does not match, appears altered or invalid, or the recipient otherwise appears to be under 21 or intoxicated, delivery will be refused and the order will be returned to the Retail Partner. Orders refused for failed age or identity verification are not eligible for a refund of delivery fees, and product refund eligibility is governed by Section 10.
PuffRush retains identity- and age-verification records (including the results of database checks performed at signup and confirmation that ID was checked at delivery) for five (5) years from the date of the associated transaction, consistent with federal PACT Act recordkeeping requirements, after which such records are securely deleted unless a longer retention period is required by law.
7. Ordering, Product Availability, and Pricing
Product listings, descriptions, images, and prices are provided by Retail Partners and are subject to change or removal without notice, including due to stock availability. PuffRush does not guarantee the accuracy of any listing and is not responsible for pricing or labeling errors made by a Retail Partner, though we will work in good faith with the Retail Partner to resolve order-accuracy issues you report.
8. Delivery
Orders are fulfilled through Uber Direct, PuffRush's delivery partner, using independent delivery personnel contracted through Uber Direct's network (not PuffRush employees). Estimated delivery windows shown on the Platform are estimates only and are not guaranteed. Delivery is subject to the age and identity verification requirements in Section 6, and PuffRush and its delivery partners reserve the right to decline delivery for safety reasons, an inaccessible or unsafe delivery location, or any other reason consistent with these Terms. All orders are packaged discreetly.
9. Payments
Payments are processed by Merchant Focus, PuffRush's payment processing partner ("Payment Processor"), operating as a Payment Facilitator (PayFac-as-a-Service). Each Retail Partner is individually registered, underwritten, and approved by the Payment Processor as a sub-merchant and holds its own merchant account; the Retail Partner is the merchant of record for your purchase. When you check out, your total charge — the product price plus PuffRush's platform and delivery fees, itemized at checkout — is processed by the Payment Processor. The Payment Processor automatically separates out PuffRush's platform and delivery fees at settlement and remits the remaining proceeds to the applicable Retail Partner. PuffRush does not store your full card number.
Because Merchant Focus, as Payment Facilitator, handles the underlying money movement and settlement between Customers and Retail Partners, PuffRush does not directly collect, hold, or transmit customer funds.
10. Cancellations, Refunds, and Returns
You may cancel an order free of charge any time before the order has been picked up from the Retail Partner. Because the Platform sells age-restricted, regulated consumable products, once an order has been picked up and dispatched for delivery, sales are generally final. You may request a refund or replacement for:
- An order that never arrives;
- An order that is materially different from what you ordered; or
- An order that arrives damaged or defective (unopened and unused),
by contacting [email protected] within 48 hours of delivery. Refund requests are evaluated in coordination with the applicable Retail Partner.
Products that have been opened or used are not eligible for return, refund, or exchange, regardless of the reason for the request, given the age-restricted, consumable nature of these products.
If your order cannot be completed because of failed age or identity verification (Section 6), or because you are unavailable to receive delivery, you will not receive a refund of delivery or service fees, and you will be charged a restocking fee of $25 (not to exceed the product subtotal of the order).
11. Health and Product Warnings
This product contains nicotine. Nicotine is an addictive chemical.
Products available through the Platform are not for use by anyone under 21 years of age, or by pregnant or breastfeeding women. Nothing on the Platform is a substitute for professional medical advice, and PuffRush makes no representations regarding the health effects of any product. Product manufacturing, labeling, and compliance with FDA and other regulatory requirements is the responsibility of the product manufacturer and the Retail Partner selling the product, not PuffRush.
12. Prohibited Conduct
You agree not to:
- Use the Platform if you are under 21, or purchase or attempt to purchase on behalf of anyone under 21;
- Provide false, misleading, altered, or another person's identification or account information;
- Resell products purchased through the Platform;
- Abuse the refund, chargeback, or promotional-credit process;
- Threaten, harass, or endanger delivery personnel or Retail Partner staff;
- Use the Platform for any unlawful purpose or in violation of these Terms.
Violation of this Section may result in immediate suspension or termination of your account, in addition to any other remedies available to PuffRush.
13. Communications and SMS/Text Messaging
13.1 Transactional Messages
By creating an account or placing an order, you consent to receive text messages from PuffRush related to your account, orders, and delivery status — including order confirmations, delivery updates, ID-verification instructions at delivery, and account security notices ("Transactional Messages"). Transactional Messages are necessary to operate the Platform and are not marketing communications. You may not opt out of Transactional Messages while maintaining an active account, other than by closing your account.
13.2 Marketing Messages
If you separately opt in — including by checking the marketing-consent box at signup or on the waitlist form — you consent to receive promotional and marketing text messages from PuffRush ("Marketing Messages"), which may include announcements, promotions, and product updates. Consent to receive Marketing Messages is not required to create an account or place an order. Message frequency varies. Message and data rates may apply.
13.3 Opt-Out and Help
Reply STOP to any Marketing Message to opt out of future Marketing Messages at any time, or HELP for help. Opting out of Marketing Messages will not affect Transactional Messages related to your account or an active order.
14. Intellectual Property
The Platform, including its design, text, graphics, logos, and software, is owned by PuffRush or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Platform except as necessary to use it for its intended purpose.
15. Third-Party Links and Services
The Platform may contain links to or integrations with third-party websites or services — including Merchant Focus (our Payment Processor), Uber Direct (our delivery partner), and our identity-verification vendor — that are not owned or controlled by PuffRush. We are not responsible for the content, policies, or practices of any third party.
16. Disclaimers
THE PLATFORM AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PUFFRUSH DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PRODUCT LISTING IS ACCURATE.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUFFRUSH AND ITS OFFICERS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUFFRUSH'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM.
Product Liability Carve-Out: PuffRush is not the manufacturer, distributor, or seller of record of any product made available through the Platform, does not inspect, test, or take title to any product, and has no control over how a Retail Partner's products are manufactured, labeled, or stored.
Accordingly, PuffRush disclaims all liability arising from the condition, quality, safety, or performance of any product sold by a Retail Partner, including any claim based on a manufacturing or design defect, failure to warn, or breach of warranty. Any such claim must be brought against the Retail Partner and/or product manufacturer. Nothing in these Terms limits, waives, or otherwise affects any claim or right you may have directly against a Retail Partner or manufacturer, neither of which is a party to these Terms.
Nothing in this Section 17 limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by PuffRush's gross negligence or willful misconduct, or for fraud.
18. Indemnification
You agree to indemnify and hold PuffRush, its Retail Partners, and delivery partners harmless from any claim, loss, or demand, including reasonable attorneys' fees, arising out of your misuse of the Platform, your violation of these Terms, or your violation of any law or third-party right.
19. Suspension and Termination
PuffRush may suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms, that we believe is harmful to other users, delivery partners, or Retail Partners, or for any other reason in our discretion. You may close your account at any time by contacting [email protected].
20. Dispute Resolution — Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
20.1 Agreement to Arbitrate
You and PuffRush LLC ("PuffRush") agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Platform, any order placed through the Platform, or the relationship between you and PuffRush (a "Dispute") will be resolved by binding individual arbitration, rather than in court, except as set out in Section 20.6. This agreement to arbitrate is intended to be interpreted broadly and includes claims arising before these Terms existed, claims that arose before you accepted these Terms, and claims that may arise after termination of these Terms.
20.2 Informal Resolution First
Before filing an arbitration, you and PuffRush each agree to first send a written notice describing the nature of the Dispute and the relief sought to the other party (to PuffRush at: 700 Biltmore Way, Suite C3, Coral Gables, FL 33134 and [email protected]; to you at the contact information on your account) and to attempt in good faith to resolve the Dispute informally for at least thirty (30) days. Neither party may commence arbitration until this informal process has been completed.
20.3 Arbitration Procedures
Any Dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org), except as modified by this Section 20. The arbitration will be conducted by a single, neutral arbitrator. Unless you and PuffRush agree otherwise, the arbitration will be conducted in Miami-Dade County, Florida, or, at your election, by telephone, by videoconference, or, for claims under $10,000, based solely on written submissions. The arbitrator will apply the law of the State of Florida, consistent with the Federal Arbitration Act, and is bound by the terms of these Terms.
20.4 Fees and Costs
Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. For claims under $75,000, PuffRush will pay all AAA filing, administration, and arbitrator fees, unless the arbitrator finds your claim frivolous, in which case fee allocation will follow the AAA rules. Each party will otherwise bear its own attorneys' fees and costs unless the arbitrator determines a claim was brought in bad faith, or unless applicable law provides for fee-shifting to the prevailing party.
20.5 Class Action and Jury Trial Waiver
YOU AND PUFFRUSH EACH AGREE THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. YOU AND PUFFRUSH EACH WAIVE ANY RIGHT TO A JURY TRIAL.
The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court or arbitrator decides this class action waiver is unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that claim or request must be brought in court, severed from any arbitration, and stayed pending the outcome of any individual claims in arbitration.
20.6 Exceptions — Small Claims and Injunctive Relief
Either party may bring an individual claim in small claims court instead of arbitration if it qualifies for that court's jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property, confidentiality, or data-security rights, pending the completion of arbitration.
20.7 Right to Opt Out
You may opt out of this arbitration agreement (Section 20) by sending written notice to [email protected], or by mail to PuffRush LLC, 700 Biltmore Way, Suite C3, Coral Gables, FL 33134, within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor PuffRush will be required to arbitrate Disputes, but all other provisions of these Terms, including Section 20.5's class action waiver as it may apply in court, will continue to apply to the extent enforceable.
20.8 Severability
If any part of this Section 20 (other than the class action waiver in Section 20.5) is found unenforceable, the remainder of this Section will remain in effect. If the class action waiver in Section 20.5 is found unenforceable with respect to a particular Dispute, then this Section 20 (except this sentence) will not apply to that Dispute, and that Dispute will be resolved in court, subject to Section 21 (Governing Law and Venue).
20.9 Survival
This Section 20 will survive termination of your account, these Terms, or your relationship with PuffRush.
21. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, and any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.
22. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice (such as by posting the updated Terms on the Platform and updating the "Last Updated" date, or by email). Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
23. Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force. PuffRush's failure to enforce any right or provision is not a waiver. You may not assign these Terms without our consent; PuffRush may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, constitute the entire agreement between you and PuffRush regarding the Platform.
24. Contact Us
PuffRush LLC 700 Biltmore Way, Suite C3 Coral Gables, FL 33134
General: [email protected] Retail Partners: [email protected]