ONE WITH THE PUMP LLC 

TERMS OF USE & PRIVACY POLICY 

EFFECTIVE JANUARY 1, 2022 

INTRODUCTION 

Upon interacting with One with the Pump’s Platforms and Services, you consent to the terms outlined  in this agreement along with the other legal policies posted on our Platforms. We reserve the right to  change and amend the terms of this agreement at will. 

Welcome to One with the Pump, operated by One with the Pump LLC, headquartered in the State of  New Jersey. Presently, the terms “One with the Pump,” “us,” “we,” the “Company”, and “our” shall  refer to One with the Pump LLC. 

Upon interacting and engaging our Services on onewiththepump.com (the “Website”), the One with  the Pump mobile application or Instagram page (the “App”), or any other Platforms or services One  with the Pump may offer, including Virtual Consultations between our Staff Members and you  (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms of Use  (the “Terms” or “Agreement”) along with the other legal documents listed on the website, including  the Privacy Policy, which may but are not necessarily incorporated into this agreement by reference. 

We are entitled to amend, add, or remove any portion of this agreement at the time of our choosing.  In the event that we make substantial changes to this agreement, we will notify you of the changes to  the agreement on this page and the effective date of the changes. While we may elect to notify you of  substantial changes, we are not required to render such notifications and it is your responsibility to  check this page to stay up to date. Future changes will not be retroactive without your permission. By  continuing to use our Platforms, you consent to the changes and will be legally bound by the updated  terms. You may choose to no longer be bound by these Terms by completely and immediately  stopping your use of our Services. 

In the event that you have any questions or concerns about our Terms of Use or Privacy Policy, please  contact us at tamari@onewiththepump.com

1. THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE  MEDICAL ADVICE 

The Website and Services provide information and entertainment in the fields of lactation, breast  pumping, breast pumps, parenthood, health, exercise, food and other related information to lactation.  The information and Services provided on this website are strictly for entertainment and informational  purposes. BY USING THIS WEBSITE AND THESE SERVICES, YOU EXPRESSLY AGREE  AND UNDERSTAND THAT THE INFORMATION ON THIS WEBSITE AND THE  SERVICES CANNOT AND SHOULD NOT BE USED IN LIEU OF PROFESSIONAL 

MEDICAL ADVICE, DIAGNOSIS OR TREATMENT WHICH CAN ONLY BE PROVIDED  BY A PHYSICIAN OR AN APPROVED HEALTH CARE PROFESSIONAL. We advise you to  consult with your physician before implementing any of the information contained within this Website  or provided by the Services, including but not limited to the taking of any medications or herbal  supplements and engaging in diets and exercise regimes. Contact your health care provider  immediately if you suspect that you or your child has a medical problem. Under no circumstances  should you ignore the recommendations or guidance of a licensed Physician or Approved Health Care  Provider because of potentially conflicting information and guidance provided by this Website and/or  Services. 

NONE OF THE INFORMATION AND/OR EDUCATIONAL INFORMATION PROVIDED ON THIS WEBSITE AND/OR SERVICES HAS BEEN EVALUATED BY THE FOOD AND  DRUG ADMINISTRATION (FDA) AND ABSOLUTELY NONE OF THE INFORMATION IS  DESIGNED TO TREAT, CURE, OR PREVENT ANY DISEASE OR TO BE CONSIDERED  IN ANY CAPACITY, MEDICAL ADVICE. 

The nature of research in the fields of health, exercise and nutrition is such that it is continuously  evolving and therefore, we cannot guarantee that the information provided on the Website and/or  Services is always the most up to date. We will continue to strive to provide you with the most up to  date information. 

You expressly understand that the use of this Website and/or Services DOES NOT constitute or  create a physician/patient relationship or for that matter, a privileged and/or confidential relationship  of any kind. 

BY USING THIS WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE SOLELY AND PERSONALLY RESPONSIBLE FOR YOUR OWN HEALTH AND WELL BEING. YOU ACKNOWLEDGE THAT BY RELYING ON THE INFORMATION CONTAINED IN THIS WEBSITE AND THE ASSOCIATED SERVICES, YOU DO SO AT YOUR OWN RISK AND ABSOLOVE One with the Pump LLC OF ALL LIABILITY AND LOSS  

THAT MAY ARISE BY YOUR IMPLEMENTATION OF THE ADVICE AND/OR SUGGESTIONS PROVIDED BY THIS WEBSITE AND SERVICES. 

2. ELIGIBILITY TO USE SERVICES 

Not everyone is permitted to create an account and use One with the Pump’s Services. By using our Services, you represent and warrant that: 

There exists no law, judgment, or edict by the authorities of any State or Country which bars you from  using our services; 

You have not been previously blocked by us from registration and are not registering a new account  under a new name, without our explicit permission

You are at least the age of 18 (or applicable age in your country) You agree that you will not: 

Violate any and all applicable laws, including without restriction, privacy laws, intellectual property  laws, anti-spam laws, and regulatory requirements; 

Use the Services in a way that damages or disrupts the Services and/or our Services computer systems  and networks 

Harass, frighten, defame, or otherwise abuse and mistreat any person on our Platforms or our staff; Access and use another user’s account; 

Use our Services to commit fraud 

Violate the terms of the license granted to you by One with the Pump (see Section 6 below). Disclose private or proprietary information that you do not have permission to disclose; 

Copy, change, distribute, or develop any derivative works from, any Member Content or Our Content,  or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual  property, content or proprietary information accessible through our Platform and/or services without  One with the Pump’s prior written consent; Make use of technical tools, including crawlers and site  search/retrieve applications to access and mine data found and used on our Platforms and services. 

Damage our Platforms by injecting viruses and other harmful code into our Platforms; 

Reverse engineer, modify, decompile or otherwise deconstruct any portion of our Services, or enable  others to do so; 

Use or develop any third-party applications that interface with our Services or Content or information  without our explicit and written consent; 

Access, utilize, or publish the One with the Pump application programming system without our  explicit written consent; 

Use our Services for any harmful, illegal, or disreputable purpose 

3. CONTENT 

In this agreement, “content” consists of, without limitation, all text, video, images, audio, or other  material on our Services, including information contained in users’ profiles and all information  uploaded by users. 

3a. CONTENT RIGHTS

One with the Pump owns all content on our Platforms and Services. 

Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other  intellectual property appearing on our Services is owned, controlled or licensed by us and protected  by copyright, trademark and other intellectual property law rights. All rights, title, and interest to our  Content remains with us at all times. 

3a. THIRD PARTY PLUG-INS, WIDGETS, AND LINKS 

Our Platform may include third-party social media features and other third-party links, plug-ins, and  widgets. When these features are displayed on our Platform, they are operated or hosted by third  parties and are subject to their own privacy policies instead of this Privacy Policy. Our Platform also  contains links to third-party sites that are not controlled or operated by us. Please be aware that we  are not responsible for the privacy practices of such other sites. 

4. INAPPROPRIATE CONTENT AND MISCONDUCT; MONITORING AND REPORTING 

If you discover any inappropriate content on our Platforms or Services, you can report the content  and the User who posted the content by sending an email to onewiththepump@gmail.com 

5. PRIVACY 

For all matters concerning privacy, please see our separate Privacy Policy. By using our Platforms and  Services, you agree that we may use your personal data in accordance with our Privacy Policy. 

5a. Collection of Information 

We may collect information that you provide us automatically when you use our Service. We collect  information associated with your device using cookies and similar technologies. We may also receive  information about your location. 

5b. Information You Provide Us 

We collect information that you provide us, including but not limited to your account and profile  information, content you submit such as your purchase information, your communications with One  With the Pump, and information you provide to us as part of surveys and contests. 

Account and Profile Information. If featured, when you create an account on our Service, we collect  information you provide us, like your name, email address, interests, gender, age, and profile  information. If you are a professional, you may also choose to provide us information related to your  business.

Purchases. If featured, and if you purchase or sell products or services from our Service, we may collect certain information in order to process your purchases and sales, such as your phone number,  address, and payment method (for example, credit card or bank account information). 

Communications. When you communicate with us (via email, phone, Instagram, through our Service,  or otherwise), we may store a copy of your communications. 

5c. Use of Information 

We may use the information we collect to provide, support, and personalize our Service and to  communicate with you or others about our Service (on and off our Service), including to display  content or communications between you and One With the Pump (but with personal information  redacted unless otherwise agreed to). 

6. RIGHTS GIVEN TO YOU BY ONE WITH THE PUMP 

One with the Pump grants you the right to use our Services, subject to these Terms. 7. COPYRIGHT POLICY 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners  who believe that material appearing on the Internet infringes their rights under the U.S. copyright law.  If you believe in good faith that materials hosted by One with the Pump infringe your copyright, you  or your agent may send to One with the Pump a notice requesting that the material be removed or  access to it be blocked. Any notification by a copyright owner or a person authorized to act on its  behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice  and shall not be deemed to confer upon One with the Pump actual knowledge of facts or  circumstances from which infringing material or acts are evident. If you believe in good faith that a  notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send  to One with the Pump a counter-notice. All notices and counter notices must meet the then current  statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you  believe that your work has been copied in a way that constitutes copyright infringement, please  provide our Copyright Agent the following information: 

An electronic or physical signature of the person authorized to act on behalf of the owner of the  copyright interest; 

Identification of the copyrighted work that you claim has been infringed; Identification of where the  material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us  to locate the material; 

Information reasonably sufficient to permit us to contact you, such as your address, telephone number  and, if available, your email address; A statement by you that you have a good faith belief that the  disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, 

made under penalty of perjury, that the above information in your notice is accurate and that you are  the copyright owner or authorized to act on the copyright owner's behalf. 

One with the Pump’s Copyright Agent for notice of claims of copyright infringement or counter  notices can be reached as follows: 

8. PURCHASES AND SUBSCRIPTIONS 

One with the Pump may provide you with the opportunity to make one-time purchases in addition to  automatically-renewable subscriptions. In the event that you choose to purchase an automatically renewable subscription, the subscription will automatically renew and bill your chosen payment  method until you cancel. When making a Purchase, you agree to render the appropriate payment  according to the prices presented to you for the Services you’ve selected, in addition to any sales or  taxes that may be necessary (and subject to change), and you grant One with the Pump LLC  permission to charge the payment method you provide (your “Payment Method”). 

One with the Pump may offer products and services for purchase through external services authorized  by One with the Pump (each, an “External Service,” and any purchases made thereon, an “External  Service Purchase”). Additionally, One with the Pump may offer products and services for purchase  via credit card or other payment processors on the Website. In the event that you can and do purchase  a subscription, it will automatically renew until you cancel, according to the stated the terms provided  to you at the time of purchase. In the event that you choose to cancel your subscription, you will  continue to have access to your subscription benefits until the end of your subscription period, at  which point it will expire. 

Canceling your subscription does not remove your profile from our Services. In the event that you  would like to fully end your membership, you must terminate your membership according to the terms  set forth in Section 9. 

One with the Pump retains the right to amend any billing errors or mistakes, even after requesting  and/or receiving payment. In response to your decision to reverse a payment with your Payment  Method, One with the Pump LLC reserves the right to terminate your account immediately in its sole  discretion, on the basis that you have determined that you do not want a One with the Pump  subscription. Please contact Customer Service to discuss any issues relating to your chargeback being  overturned. 

Your subscription will automatically continue, indefinitely, for the price and time period you agreed  to when subscribing, until you cancel. 

In the event that you would like to terminate a subscription, please navigate to the settings page in  your profile and select “cancel”. Your subscription will still be active until the end of your then-current  subscription time-period. Similarly, you have the capacity to edit your Payment Method information  by directly in the settings page of your profile. In the event that a payment is not processed, due to a 

problem with your chosen Payment Method, you are still responsible for all of the amounts owed and  you permit us to continue billing your designated Payment Method. 

Furthermore, you grant us permission to access amended or replacement card numbers and/or  expiration dates for your debit/credit cards as provided by your credit or debit card issuer. 

Our Platform also contains links to third-party sites that are not controlled or operated by us. Please  be aware that we are not responsible for the privacy practices, terms, or conditions of such other sites or third-party providers. 

8a. SERVICES ARE STRICTLY EDUCATIONAL 

Services may include but are not limited to educational seminars concerning child development vis-à vis health, nutrition, and fitness. These educational sessions ARE NOT INTENDED TO SERVE  AS MEDICAL ADVICE AND CANNOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL  MEDICAL ADVICE, DIAGNOSIS OR TREATMENT THAT CAN BE PROVIDED BY A  PHYSICIAN OR ANY OTHER APPROVED HEALTH CARE PROFESSIONAL. THE  INSTRUCTOR IS NOT PROVIDING MEDICAL SERVICES. Services are conducted through  technological channels including, but not limited to, Zoom, Instagram video, or Facetime which may  or may not be secure networks. 

8b. REFUNDS 

All purchases are nonrefundable. At its sole discretion, One with the Pump, may provide User with a  credit to be used for an additional product/service sold on the Website. 

9. ACCOUNT TERMINATION 

If our site allows creating an Account, then you may delete your account with us at any time by  accessing your account following the instructions to cancel your membership. 

If our site allows creating an Account, and if your account is terminated by you or by One with the  Pump for any reason, voluntarily or involuntarily, these Terms continue to remain enforceable  between you and One with the Pump LLC. If One with the Pump LLC chooses to terminate your  account due to a violation of the terms set forth in this agreement, you will not be refunded any of  your spent monies. 

10. DISCLAIMER 

One with the Pump LLC PROVIDES OUR SERVICES ON AN “AS IS” BASIS AND TO THE  EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY  KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR  SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN). WE DISCLAIM ANY  IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR 

PURPOSE. One with the Pump DOES NOT REPRESENT OR WARRANT THAT (A) OUR  SERVICES WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE, (B) ANY  DEFECTS OR ERRORS IN OUR SERVICES WILL BE FIXED, OR (C) THAT ANY  CONTENT YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. One  with the Pump LLC MAKES NO GUARANTEES AS T THE NUMBER OF ACTIVE USERS AT  ANY TIME; YOUR ABILITY TO CONNEC AND COMMUNICATE WITH OUR. 

One with the Pump DISCLAIMS ALL LIABILITY FOR ANY CONTENT THAT YOU RECEIVES THROUGH OUR SERVICES, REGARDLESS OF THE FORM OF ACTION. One  with the Pump LLC FURTHER DISCLAIMS ALL LIABILITY FOR ANY RESULTING HARM  FROM THE ACTS OR OMISSIONS OF YOURSELF AND/OR OTHER USERS, WHETHER  SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR  OTHERWISE. ANY CONTENT OR INFORMATION ACCESSED THROUGH THE USE OF  OUR SERVICES IS UNDERSTOOD TO BE ACCESSED AND DOWNLOADED AT YOUR  OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, One with  the Pump IS NOT RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY  INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES. MORE SPECIFICALLY,  DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES TO YOUR  COMPUTER HARDWARE, COMPUTER SOFTWARE, AND DAMAGES FOR LOSS OF  DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,  OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING  THE TERM OF YOUR MEMBERSHIP OR SUBSCRIPTION TO THE MAXIMUM EXTENT  PERMITTED BY LAW. 

YOU FURTHER UNDERSTAND THAT YOUR SAFETY IS ENTIRELY UP TO YOU AND YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR OWN SAFETY WHEN MEETING OTHER USERS ON THE PLATFORMS AND IN PERSON. YOU UNDERSTAND THAT WE  WILL NOT BE LIABLE FOR PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL  DISTRESS, DAMAGES ARISING OUT OF THE USE OF THIS SERVICE. 

11. ADS AND THIRD-PARTY CONTENT 

One with the Pump’s Services and Platforms may display advertisements and promotions provided  by third parties, which may or may not link to the third parties’ respective websites and/or resources.  It is possible that the third parties’ websites and resources are not properly functioning at the time of  their display on our Platforms. We are not responsible for the availability of these websites or their  content. Moreover, One with the Pump is not liable for, and does not necessarily support the goods  or services provided directly by third-party websites or resources. In the event that you decided to  engage with the third parties, which you interfaced with through our Services, the third party’s terms  will govern their relationship with you. One with the Pump LLC is not responsible or liable for such  third parties’ terms or actions.

12. LIMITATION OF LIABILITY 

One with the Pump’s liability is limited to the maximum extent by applicable law. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL One with the Pump, ITS EMPLOYEES, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS  BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,  SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF  PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA,  USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR  ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE  BEHAVIOR OR MATERIAL OR CONTENT OF OTHER USERS OR THIRD PARTIES ON,  THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) IMPERMISSIBLE ACCESS,  USE, OR MODIFICATION OF YOUR CONTENT, EVEN UNDER THE CIRCUMSTANCE  WHERE One with the Pump HAS BEEN NOTIFIED OF THE PROSPECT OF SUCH  DAMAGES. UNDER NO CIRCUMSTANCES WILL One with the Pump’s AGGREGATE  LIABILITY TO YOU FOR ALL CLAIMS PERTAINING TO THE SERVICES EXCEED THE  AMOUNT PAID, IF ANY, BY YOU TO One with the Pump FOR THE SERVICES WHILE YOU  HAVE AN ACCOUNT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN  THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS  AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. CERTAIN  JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN  DAMAGES, AND THEREFORE, SOME OR ALL OF THE EXCLUSIONS AND  LIMITATIONS IN THIS SECTION MAY NOT BE RELEVANT TO YOU. 

13. DISPUTE RESOLUTION 

It is possible that we will have a legal dispute and the following information pertains to how the  dispute will be resolved. In the event that you are not happy with our Services, please first contact  One with the Pump Customer Service so we can work to rectify the situation together. In the event  that you decide to pursue a claim against One with the Pump, these terms will apply. 

13a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER 

If you pursue a legal claim against One with the Pump, you agree to arbitration (with limited  exceptions). 

The absolutely exclusive means of resolving any dispute or claim arising out of or relating to this  Agreement (including any alleged breach thereof) or our Services or the Websites, without limitation  any tort, contract, or equity claims between You and Us or Our directors, officers, employees, agents,  subsidiaries, or joint ventures, shall be BINDING ARBITRATION. The only exception to the  exclusivity of arbitration is that either party may bring an individual claim against the other in a small 

claims court of competent jurisdiction, if the claim in question falls within the jurisdiction of the small 

claims court. If the responding party to the claim desires to proceed in small claims court before the  appointment of the arbitrator, the arbitration shall be administratively closed, and if asked for after  the appointment of the arbitrator, the arbitrator shall decide if the dispute should be resolved in  arbitration or if the arbitration should be administratively closed and decided in small claims court.  Regardless of whether you choose arbitration or small-claims court, you may not under any  circumstances commence or maintain against the Company any class action, class arbitration, or other  representative action or proceeding. 

You hereby agree that by engaging with our Services in any capacity, you consent to the above  arbitration agreement. In doing so, you lose your right to go to court to bring forth or defend any  claims between you and the Company (except, as described above, for matters that may be taken to  small-claims court). Additionally, you forsake your right to participate in a class action or other class  proceeding. Your rights will be determined by a neutral arbitrator and NOT a judge or jury, and the  arbitrator shall determine all of the outstanding issues concerning the arbitrability of the dispute. 

You are entitled to and shall receive a fair and honest hearing before the arbitrator. The arbitrator has  the authority to provide any relief that a court can, however please be advised that arbitration  proceedings are typically, faster and simpler than judicial proceedings. Decisions by the arbitrator are  enforceable in court and may be overturned by a court only for very limited reasons. 

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, amend,  or vacate an arbitration award, may be commenced in any court of legitimate jurisdiction. If this  arbitration agreement is for any reason deemed to be unenforceable, any litigation against the  Company (except for small-claims court actions) may be commenced only in the federal or state courts  located in New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such  purposes. 

13b. GOVERNING LAW 

In the event that there is a dispute, New Jersey law and the Federal Arbitration Act will apply (except  where prohibited by law). Except where our arbitration agreement is prohibited by law, the laws of  New Jersey, U.S.A., will apply to any disputes arising out of or relating to this Agreement or our  Services. 

14c. VENUE 

In the event that a claim is not submitted to arbitration, for any reason, it must be litigated in New  Jersey (excluding claims brought in small claims court, or where prohibited by law). 

Except for claims that may be properly brought in a small claims court of competent jurisdiction in  the county or other jurisdiction in which you reside or in New Jersey, all claims arising out of or  relating to this Agreement, to our Services, or to your relationship with One with the Pump LLC that 

for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state  courts of New Jersey, U.S.A. 

15. INDEMNITY BY YOU 

If any claim is made against One with the Pump LLC, arising out of your actions, you explicitly and  without reservation agree, to the maximum extent permitted under applicable law, to fully indemnify,  defend, and hold harmless One with the Pump LLC, our affiliates, and their and our respective  directors, officers, agents, and employees from and against any and all complaints, claims, demands,  damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or  relating in any way to your access to or use of our Services, Your Content, Your conduct toward other  users, or your breach of this Agreement. 

16. ACCEPTANCE OF TERMS 

It is understood that by engaging and utilizing our Services, irrespective of the technological device  which allows you to use our services, you agree to be bound by (i) these Terms, which we may alter  and update from time to time, (ii) our Privacy Policy. 

All pronouns and any variations thereof shall be understood to refer to the masculine, feminine,  neuter, singular or plural as the identity of the entities or persons referred to any require. The  capitalization of a word shall be deemed to have the same meaning as the uncapitalized version of  that word. 

17. ENTIRE AGREEMENT 

The entirety of your agreement with One with the Pump concerning your use of our Services is  encompassed by these Terms, the Privacy Policy, Cookie Policy, and any Additional Terms Upon  Purchase, all of which supersede any prior agreements or representations between us, oral or written.  If it is determined that any clause or provision of these Terms is unenforceable for being either illegal  or invalid, the remainder of the Terms shall continue in full force and effect. In the event that the  Company shall fail to implement or enforce any right or provision of these Terms, such a failure shall  not constitute a waiver of such right or provision. By using our Services, you give your consent to the  fact that your account is non-transferable and all of your rights to your account and its content  immediately end upon your death, unless otherwise provided by law. You may not transfer or assign  any rights and licenses granted hereunder. We may, however, at our discretion assign these rights as  we see fit and restriction. By using our Services, you agree that no agency, partnership, joint venture,  fiduciary or other special relationship or employment is created as a result of these Terms, and you  may not make any representations on behalf of or bind One with the Pump in any capacity.