Terms + Conditions

These Terms and conditions of use ("Terms") apply to the Site ("Site") and services provided by Pumping Essentials LLC. ("Pumping Essentials," "we," "us," or "our") in connection with the offering and servicing of the durable medical equipment identified on the Site (the "Product(s)"), together with the Site and related services, the "Services"). Please read these Terms carefully. In addition to these Terms, Your access to and use of the Services are governed by the Pumping Essentials Privacy Policy, which can be found at https://pumpingessentials.com/pages/privacy-policy the ("Privacy Policy"), and, DME Standards of Service, which can be found at https://pumpingessentials.com/pages/dme-sos, the ("DME SOS") which is incorporated into these Terms by reference. Please read these Terms, the Privacy Policy and DME SOS carefully.

These Terms govern Your use of the Services and constitute a binding agreement between You and Pumping Essentials and are deemed accepted by You and Pumping Essentials. Your access to or use of the Services indicates Your acceptance to these Terms. If You do not accept these Terms, do not use the Services. Pumping Essentials reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Site. You should visit this page periodically to review the most current Terms, because they are binding on You. By continuing to access or use the Services after updated terms have been posted, You agree to be bound by the updated Terms.

Pumping Essentials reserves the right, without notice and in its sole discretion, to restrict, refuse or terminate your ability to use the Site and Services, and to limit, block or prevent access to and use of the Site and Services without any liability to You.

I. Eligibility and Account

You certify that You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. You are responsible for ensuring that all persons who access the Site through Your internet connection are aware of these Terms and that they comply with them. This includes any person who is authorized to access Your account via Your login, and any additional logins associated with Your account. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

You must be 18 years of age or older and have a valid credit card to purchase any Pumping Essentials Products or to create an account on the Site.

Some Services require You to create an account to participate in such Service. By creating an account, You represent that (i) You are over the age of 18, (ii) You are responsible for maintaining the confidentiality of Your account and password, and (iii) You accept responsibility for all activities that occur under Your account, password and any logins associated with Your account. You hereby represent that all registration information You submit is accurate, current and complete and that You are solely responsible for the accuracy of such information. You agree to update Your account information to keep it current and accurate.

You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person's username, password or other account information, another person's name or likeness or provide false details, unless and only in the circumstance that You have been authorized to create a login associated with another User's account.

Pumping Essentials reserves the right to accept or refuse Your application for an account (in our absolute and sole discretion).

II. Usage

You agree and warrant that You will not use the Services in a manner that is prohibited, illegal or otherwise inconsistent with these Terms. In addition, You will not use the Services in a manner that Pumping Essentials deems, in its sole discretion, objectionable.

You agree that You will access the Services only through the interfaces provided.

You agree not to do any of the following:

attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Site or any software, network or servers used to provide the Services, or to damage the Site, services or other property in any way;
attempt to breach any security or authentication measures of the Site or the Services;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Pumping Essentials or any other third party to protect the Services or Site Content (for purposes of these Terms, "Content" means all content contained in the Site, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Pumping Essentials);
use the Services, Your account, or communications with other Users for any commercial purpose or solicitation;
interfere or attempt to interfere with other Users' use of the Services;
impersonate or misrepresent Your affiliation with any person;
violate any applicable law of regulation; or
attempt, encourage or facilitate any of the above.

Pumping Essentials will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Pumping Essentials may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Pumping Essentials has no obligation to monitor Your access to or use of the Services or the Content but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

III. SMS/MMS Mobile Message Marketing Programs Terms & Conditions

Pumping Essentials, and our sister brand, Simple Wishes (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions For support regarding the Program, text “HELP” to the number you received messages from or email us at customercare@pumpingessentials.com Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Participant Requirements You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Contra Costa County, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Pumping Essentials or Simple Wishes principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

IV. Purchases of Products on Site

Customers who purchase Products through the Site must be over the age of 18 with a valid credit card or other permitted payment method accepted by Pumping Essentials.

Availability: We cannot guarantee availability of Products, even if we show that a particular Product is available online or in stores. We may not have all Products
Pricing: Prices for Products may change at any time and Pumping Essentials does not provide price protection or refunds in the event of a price reduction or promotional offering unless specifically stated in the terms and conditions of that promotional offering. Pumping Essentials reserves the right to cancel an order for a Product in the event of a typographical or other error in the price listed for the Product. The price of a Pumping Essentials Product generally does not include delivery charges. We will charge taxes on Products purchased when taxes are applicable. The list price displayed for any Product generally does not include delivery charges or sales or other taxes unless specifically noted.
Delivery: Pumping Essentials shall deliver the Products that You purchase to the place of delivery designated by You. If You choose to accept any type of express courier services for shipping, then You shall pay any additional shipping fees.
Transactions: We reserve the right to refuse any order You place with us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address.
Risk of Loss: All items purchased from Pumping Essentials are made pursuant to a shipment contract. This means that title and the risk of loss for such items pass to You upon Our delivery to the carrier.
Warranty Information: Warranty information for Products can be found in the warranty provided by the third-party manufacturer, if any, included with Your Product.
Payment Card Industry Data Security Standard and Related Standards and Regulations: You acknowledge that Pumping Essentials has no control over its partners, merchants, and any third party sites which appear or are linked to from the personal registries on the Site. Pumping Essentials has no knowledge and makes no representation, warranty, or guarantee that such partners, merchants, or third parties are compliant with the Payment Card Industry Data Security Standard and related standards and regulations.
Accepted Credit Cards. Pumping Essentials accepts Visa, Mastercard, American Express, Discover and Diners Card.
Currency. We are based in the United States and operate with US dollars as Our primary currency. We issue payments in US dollars. If You are purchasing Products with a non-US credit card, You may be subject to currency exchange fees levied by Your credit card company. Any concerns about exchange fees and rates should be directed to Your credit card company or bank.
Taxation Consequences. You acknowledge that We make no claims or promises regarding any and all tax obligations or consequences that may result from Your activities on the Site or use of the Services. You agree to indemnify, defend and hold Us harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, including any liability for, or assessment of, withholding taxes imposed on Us by the relevant taxing authorities with respect to any funds paid to You.
Payments. We use Stripe via Shopify Payments as our payments processor. Sending or receiving payments for transactions made with or through the Site or Services is subject to each payment processor's Terms of Service (the "Stripe Terms of Service"). By agreeing to these terms, continuing to use the Services or purchasing Pumping Essentials Products, You agree to the additional terms set forth in the selected payment processor's Terms of Service, as the same may be modified by Stripe from time to time. As a condition of Pumping Essentials enabling payment processing services through Stripe, You agree to provide Us accurate and complete information about You and Your business, and You authorize Us to share such information and transaction information related to Your use of the payment processing services provided by Stripe.
Purchaser Representations. By ordering a Product on the Site, you, as the purchaser:

Authorize Pumping Essentials (herein referred to as "Provider") to provide the purchased equipment and understand that Provider is an independent company and not part of any other medical practice, hospital or any other company.
Certify that the information provided by you in applying for payment under title XVII (Medicare) of the Social Security Act or any other insurance benefits is true and correct.
Are personally responsible to Pumping Essentials, for charges not paid in full by insurance coverage, deductible or co-pay responsibilities or, in the absence of insurance coverage, the full balance. The portions of any bill for which you are responsible are due upon invoice receipt from Pumping Essentials
Understand that you are authorizing Pumping Essentials to provide breast pumps, supplies, and accessories to you.
Understand that you are giving Pumping Essentials permission to ask your insurance for payments for my medical care, including supplies and equipment.
Certify that the information provided by you in applying for payment under title XVIII (Medicare) of the Social Security Act or any other insurance benefits is true and correct.
Understand that Provider may need information about your medical condition to determine benefits related to Provider services, and thus you give permission for the release of medical or other information necessary to process the Provider payment request.
Ask that payment of authorized Health Care Benefits be made on your behalf to Pumping Essential for any services or items furnished to you.
Understand that if your insurance denies or challenges a claim for the prescribed supplies, you will be solely responsible for the claim.
Understand and agree that Medicaid, Medicare or any other health insurance company will only pay for equipment and services that it determines to be "reasonable and necessary" (Section 1862(a)(I) of the Medicare law for Medicare). If your insurance determines that a particular service or piece of equipment is not "reasonable and necessary" under your insurance standards, your insurance company may deny payment for it. In the event they do deny payment, you will be responsible for the reasonable and customary cost of the equipment or service.
Certify that you HAVE NOT RENTED SAME OR SIMILAR EQUIPMENT through Medicaid, Medicare or any other insurance, or if SAME OR SIMILAR equipment was rented, the equipment has been returned to the DME supplier. You also certify that Medicare is not paying service or maintenance charges for SAME OR SIMILAR equipment you use.
Certify that you HAVE NOT PURCHASED SAME OR SIMILAR equipment through Medicare, Medicaid or any other Insurance, or if you have purchased any equipment, documentation has been provided to Pumping Essentials.
Will be solely responsible for this claim if your insurance denies payment for any reason other than the above stated reason.
Will cover any and all additional charges involved in having the equipment returned.
You understand that any annual deductible or co-payments from your insurance are your responsibility unless covered by a secondary insurance policy.

V. Return Policy

Due to the personal nature of these products, all breast pumps are non-returnable to Pumping Essentials if the hygienic seal has been broken. If you have not broken the hygienic seal on your pump and have decided to return, you will be responsible for the cost of shipping back to us. Returns are accepted within 30 days of your original ship date. Please note, we cannot start the claim reversal process with your insurance company until it is confirmed in our warehouse that all return items have been received and the hygienic seal is intact. To see what your manufacturer considers the "hygienic seal", please click here. If a pump upgrade fee refund is applicable, this will be issued at that time as well. Claim reversal can be quick for us to send to your insurance, but can vary in the amount of time it takes for your insurance company to process the reversal. It is important to know that you will be unable to use your breast pump benefit with any other provider until your claim has been reversed by your insurance company.

If there is an issue with your breast pump, please contact the manufacturer.

Ameda
www.ameda.com
1-866-992-6332
ParentCare@ameda.com

  BabyBuddha
www.babybuddhaproducts.com
support@babybuddhaproducts.com

Elvie
www.elvie.com
1-508-300-9989
questions@elvie.com

Evenflo Feeding 
www.evenflofeeding.com
1-855-334-BABY (2229)
support@evenflofeeding.com

Freemie
www.freemie.com
1-916-339-7388
info@freemie.com

  Lansinoh 
www.lansinoh.com
1-800-292-4794
customerservice@lansinoh.com

Medela
www.medelabreastfeedingus.com
1-800-435-8316
customer.service@medela.com 

Spectra
www.spectrababyusa.com
1-855-446-6622
warranty@spectrababyusa.com

Willow
www.willowpump.com
1-888-945-5693

VI. Intellectual Property

The Services are protected under patent, copyright, trademark, and/or other laws. Subject to Your compliance with the Terms, Pumping Essentials and/or its licensors provide You with a limited, non exclusive, non-transferable, non-sublicensable license to access and make personal and non commercial use of the Services. The Services and all Content, including, without limitation, any User Content, remain the property of Pumping Essentials or its licensors and We do not transfer title to any portion of the Services to You. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Pumping Essentials and protected as well. Any code or software code that Pumping Essentials creates, generates or displays in the Services is also protected and You may not copy or adapt such code.

Unauthorized use of the Services may violate applicable laws and is strictly prohibited. You may not copy the Services or any part thereof without Pumping Essentials's prior written authorization. Any code or software code that Pumping Essentials creates to generate or display the Services are also protected by Pumping Essentials's copyrights, and You may not copy or adapt such code.

VII. Limited Warranty

To the fullest extent possible by law, Pumping Essentials makes no representations or warranties that the services or the Products will operate error-free, be available, or that the services and Pumping Essentials's servers are free of computer viruses or other harmful mechanisms. If your use of the services results in the need for servicing or replacing equipment or data or any other costs, Pumping Essentials is not responsible for those costs. Except for any limited warranties provided by third-party manufacturers that are included with your Pumping Essentials products at the time of purchase, the services are provided "as is" without any warranties of any kind and Pumping Essentials, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, and non-infringement. Pumping Essentials makes no warranties about the accuracy, reliability, completeness, or timeliness of the content in the services. Pumping Essentials makes no warranty with regard to any of the Pumping Essentials products.

VIII. Limitation of Liability

You acknowledge and agree that, to the fullest extent permitted by law, the entire risk of using the Services and Products remains with you and in no event shall Pumping Essentials be liable for any damages whatsoever (including, without limitation, direct, indirect, special, incidental and consequential damages, lost profits, or damages resulting from lost data, lost profits, lost employment opportunity or business interruption, or for any damages to property of any kind or for personal or bodily injury or emotional distress) resulting from the use or inability to use the Services or Products, whether based on contract, warranty, tort (including negligence), or any other legal theory, and whether or not Pumping Essentials is advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed its essential purpose.

In no event will Pumping Essentials's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services or Products exceed the amounts you have actually paid to Pumping Essentials for use of the Services and the Products. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Pumping Essentials and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

IX. Indemnity

You agree to defend, indemnify, and hold harmless Pumping Essentials, its parent, subsidiaries, affiliates, and their respective officers, directors, successors, subsidiaries, contractors, technology providers, advertisers, employees and agents, from and against any claims, actions, losses, costs, liability or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Services, (ii) Your breach of these Terms, including Your representations and warranties herein or (iii) Your violation of any applicable laws. Pumping Essentials reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Pumping Essentials. Pumping Essentials will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

X. Term and Termination

These Terms will remain in full force and effect while You are a User of the Services. Pumping Essentials reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating Your account and/or Your access to and ability to use the Services and/or any other services provided to You by Pumping Essentials, at any time for any or no reason and without any notice. Even after You are no longer a User of the Services, the provisions of these Terms will remain in effect.

You may terminate this Agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

XI. Miscellaneous

Privacy: See the Privacy Policy for information and notices concerning Pumping Essential’s collection and use of Your personal information.
Commercial Use: Any and all commercial use of the Services is expressly prohibited without the written consent of Pumping Essentials. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities.
Third-Party Links: The Services may contain links to third-party Sites. These links are provided solely as a convenience and not as an endorsement by Pumping Essentials of the contents on such third-party Sites. Pumping Essentials is not responsible for the content of linked third-party Sites and does not make any representations regarding the content or accuracy of materials on such third-party Sites. If You decide to access linked third-party Sites, You do so at Your own risk.
Access Outside the United States: Pumping Essentials makes no claims that the Services may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. When You access the Services You acknowledge and agree that information You provide may be transferred to a jurisdiction other than Your country of residence and that the laws, including what is determined to be "personal data and/or information," are different and may be less protective than those applicable to You in Your country of residence. By accepting these Terms You acknowledge, agree and consent to (1) the transfer to and processing of personal information on servers located outside of the country where You reside, (2) Pumping Essentials's collection and use of Your personal information as described in Our Privacy Policy found here and in accordance with the laws of the United States that may be different and may be less protective than those in Your country and (3) that You are taking a risk by using the Site and Services.
Governing Law: These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Contra Costa County, California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Pumping Essentials's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Pumping Essentials's ability to enforce such term at any point in the future.
Dispute Resolution: In the event a dispute arises between You and Pumping Essentials, please contact Pumping Essentials. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Contra Costa County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Pumping Essentials agree that any cause of action arising out of or related to the Site or the Services or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
RIGHT TO OPT OUT OF ARBITRATION WAIVER. You may opt out of the foregoing arbitration provision of these Terms by notifying Pumping Essentials in writing within 30 days of the date You first registered for the Services or 30 days from the date these Terms were last updated. To opt out, You must send a written notification to Pumping Essentials at Pumping Essentials, LLC, 1660 School St., Suite 105A, Moraga, CA 94556, Attention: Legal, that includes (i) Your name, account username, address, telephone number and email address, and (ii) a clear statement indicating that You do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration provision.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Pumping Essentials's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Pumping Essentials's ability to enforce such term at any point in the future.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Pumping Essentials prior written consent. Any attempt by You to assign or transfer these Terms without such consent will be null and of no effect. Pumping Essentials may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings: Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.

Contact Information: If there are any questions regarding Pumping Essentials or these Terms, please contact Pumping Essentials at:

Pumping Essentials
1660 School St., Suite 105A
Moraga, CA 94556
Email: customercare@pumpingessentials.com
© Pumping Essentials, 2023