Terms of Use

Last updated: September 14, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Virginia, United States

• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Exclusively Expressing LLC.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Service refers to the Website.

• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator and Terms Of Use Generator.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• User Content means any and all information and content that a user submits to the Site.

• Website (also referred as “Site”) refers to Exclusively Expressing, accessible from https://thepumpingdoula.com/

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Access to the Site

Subject to these Terms. Company grants you a
non-transferable, non-exclusive, revocable, limited license to access
the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in
these Terms are subject to the following restrictions: (a) you shall not
sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site; (b) you shall not change, make derivative
works of, disassemble, reverse compile or reverse engineer any part of
the Site; (c) you shall not access the Site in order to build a similar
or competitive website; and (d) except as expressly stated herein, no
part of the Site may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means
unless otherwise indicated, any future release, update, or other
addition to functionality of the Site shall be subject to these Terms.
All copyright and other proprietary notices on the Site must be retained
on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with
or without notice to you. You approved that Company will not be held
liable to you or any third-party for any change, interruption, or
termination of the Site or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.

User Content

User Content. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not
represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms
constitute our “Acceptable Use Policy”: You agree not to use the Site to
collect, upload, transmit, display, or distribute any User Content (i)
that violates any third-party right or any intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive, tortious,
threatening, harmful, invasive of another’s privacy, vulgar, defamatory,
false, intentionally misleading, trade libelous, pornographic, obscene,
patently offensive, promotes racism, bigotry, hatred, or physical harm
of any kind against any group or individual; (iii) that is harmful to
minors in any way; or (iv) that is in violation of any law, regulation,
or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to
or through the Site any software intended to damage or alter a computer
system or data; (ii) send through the Site unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited
messages; (iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or
networks connected to the Site, or violate the regulations, policies or
procedures of such networks; (v) attempt to gain unauthorized access to
the Site, whether through password mining or any other means; (vi)
harass or interfere with any other user’s use and enjoyment of the Site;
or (vi) use software or automated agents or scripts to produce multiple
accounts on the Site, or to generate automated searches, requests, or
queries to the Site.

We reserve the right to review any User Content, and to investigate
and/or take appropriate action against you in our sole discretion if you
violate the Acceptable Use Policy or any other provision of these Terms
or otherwise create liability for us or any other person. Such action
may include removing or modifying your User Content, terminating your
Account, and/or reporting you to law enforcement authorities.

If you provide Company with any feedback or suggestions regarding the
Site, you hereby assign to Company all rights in such Feedback and
agree that Company shall have the right to use and fully exploit such
Feedback and related information in any manner it believes appropriate.
Company will treat any Feedback you provide to Company as
non-confidential and non-proprietary.

You agree to indemnify and hold Company and its officers, employees,
and agents harmless, including costs and attorneys’ fees, from any claim
or demand made by any third-party due to or arising out of (a) your use
of the Site, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company
reserves the right 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 Company. Company will use
reasonable efforts to notify you of any such claim, action or proceeding
upon becoming aware of it.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Other Users. Each Site user is solely responsible for
any and all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible for any
User Content, whether provided by you or by others. You agree that
Company will not be responsible for any loss or damage incurred as the
result of any such interactions. If there is a dispute between you and
any Site user, we are under no obligation to become involved.

Cookies and Web Beacons. Like any other website,
our Site uses ‘cookies’. These cookies are used to store
information including visitors’ preferences, and the pages on the
website that the visitor accessed or visited. The information is used to
optimize the users’ experience by customizing our web page content
based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie. Google is one of a
third-party vendor on our site. It also uses cookies, known as DART
cookies, to serve ads to our site visitors based upon their visit to
www.website.com and other sites on the internet. However, visitors may
choose to decline the use of DART cookies by visiting the Google ad and
content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Our Advertising Partners. Some of advertisers on our
site may use cookies and web beacons. Our advertising partners are
listed below. Each of our advertising partners has their own Privacy
Policy for their policies on user data. For easier access, we
hyperlinked to their Privacy Policies below.

• Google

  https://policies.google.com/technologies/ads

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Copyright Policy.

Company respects the intellectual property of others and asks that
users of our Site do the same. In connection with our Site, we have
adopted and implemented a policy respecting copyright law that provides
for the removal of any infringing materials and for the termination of
users of our online Site who are repeated infringers of intellectual
property rights, including copyrights. If you believe that one of our
users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing
material removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our
designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the
  objectionable material is not authorized by the copyright owner, its
  agent, or under the law; and
• a statement that the information in the notification is accurate,
  and under penalty of perjury, that you are either the owner of the
  copyright that has allegedly been infringed or that you are authorized
  to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for any
damages, costs and attorney’s fees incurred by us in connection with the
written notification and allegation of copyright infringement.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or fifty U.S. dollars (u.s. $50) if You haven’t purchased anything through the Service. The existence of more than one claim will not enlarge this limit.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Access to and use of the site is at your own discretion and risk, and
you will be solely responsible for any damage to your device or computer
system, or loss of data resulting therefrom.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Disclaimer

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 4445 Corporation Ln Ste 264, Virginia Beach, Virginia, 23462-3262 United States. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any hearing will be held in a location within 50 miles of Stephenson, Virginia, United States, unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or
invalid, such provision will be changed and interpreted to accomplish
the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force
and effect.

Waiver

Except as provided herein, the failure to exercise a right or to
require performance of an obligation under this Terms shall not effect a
party’s ability to exercise such right or require such performance at
any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are resident
in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country
that is subject to the United States government embargo, or that has
been designated by the United States government as a “terrorist
supporting” country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.

General

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: admin@exclusivelyexpressing.com