Terms of service

Last Updated: July 20, 2026

Spectra Baby USA (“Spectra Baby USA,” “we,” “us,” or “our”) is pleased to provide you with our “Services”, which means, collectively: (i) our websites, including spectrababyusa.com, and all related domains, online stores, and webpages; (ii) any emails, communications, chats, or other mediums, or portions of such mediums, through which you have accessed or that otherwise incorporate by reference these Terms and Conditions (these “Terms”); (iii) our products and services made available for purchase by you on our websites, or related domains, stores, and webpages; and (iv) any information, materials, resources, and content viewable on, contained in, or available or purchasable through any of the foregoing. By accessing, browsing, visiting, registering for, purchasing from, interacting with, or otherwise using any portion of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all users of our Services, including visitors, customers, account holders, product and service purchasers, and any other individuals or entities accessing or using our Services.

Additional Terms and Policies: The following terms and policies are incorporated by reference into and form part of these Terms

Refund Policy. Purchases made through our Services are subject to our Refund Policy, available at Refund Policy. By completing a purchase, you acknowledge that you have read and agree to be bound by the terms of the Refund Policy as in effect at the time of your transaction.
Return Policy. Purchases made through our Services are subject to our Return Policy, available at Return Policy. By completing a purchase, you acknowledge that you have read and agree to be bound by the terms of the Return Policy as in effect at the time of your transaction.
Shipping Policy. Orders placed through our Services are subject to our Shipping Policy, available at Shipping Policy. By placing an order, you acknowledge that you have read and agree to be bound by the terms of the Shipping Policy as in effect at the time of your order.
Privacy Policy. Your use of our Services is subject to our Privacy Policy, available at Privacy Policy. By accessing or using our Services, you acknowledge that you have read and understand our Privacy Policy and consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. If you wish to exercise your applicable privacy rights, you may submit a request through our Privacy Request Form available at: Consumer Privacy Rights Request Form
Product Warranty. Certain products sold through our Services may be covered by a limited product warranty. Warranty terms, including coverage, duration, and any exclusions or limitations, will be provided with the applicable product or made available upon request.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING OUR SERVICES. BY ACCESSING AND USING OUR SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR ANY PORTION OF THESE TERMS (INCLUDING ANY PORTION OF OUR PRIVACY POLICY), THEN YOU MUST NOT ACCESS OR USE OUR SERVICES.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS ON LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SERVICES (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF OUR SERVICES WILL REFLECT POORLY ON US, OUR SERVICES, OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF OUR SERVICES TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.

Changes to these Terms: We may change or update these Terms from time to time, in our sole discretion. The version of these Terms that you agree to will apply unless and until you have agreed to our revised Terms.

IMPORTANT: YOU ACKNOWLEDGE AND AGREE THAT BREASTFEEDING, PUMPING, LACTATION, INFANT AND YOUNG CHILD FEEDING, MILK PRODUCTION, MATERNAL RECOVERY, MATERNAL WELLNESS, AND CHILD HEALTH INVOLVE COMPLEX BIOLOGICAL FACTORS THAT VARY SIGNIFICANTLY AMONG INDIVIDUALS. WE CANNOT AND DO NOT GUARANTEE ANY PARTICULAR HEALTHCARE OUTCOME, BREASTFEEDING SUCCESS, MILK PRODUCTION LEVEL, MATERNAL OUTCOME, CHILD OUTCOME, OR FEEDING RESULT. OUR SERVICES ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. OUR SERVICES ARE NOT INTENDED FOR USE DURING MEDICAL EMERGENCIES. IF YOU BELIEVE YOU OR YOUR CHILD ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CONTACT EMERGENCY MEDICAL SERVICES, CALL 911, CONTACT YOUR LOCAL EMERGENCY NUMBER, OR SEEK IMMEDIATE MEDICAL ATTENTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR DECISIONS MADE BY YOU BASED UPON INFORMATION OBTAINED THROUGH OUR SERVICES AND ASSUME NO LIABILITY FOR ANY INJURIES, LOSSES, DAMAGES, COMPLICATIONS, DELAYS IN TREATMENT, ADVERSE HEALTHCARE OUTCOMES, OR OTHER ADVERSE EVENTS ARISING FROM YOUR RELIANCE UPON EDUCATIONAL CONTENT, CUSTOMER SUPPORT COMMUNICATIONS, OR INFORMATIONAL MATERIALS PROVIDED THROUGH OUR SERVICES.

For ease of reference, you may navigate directly to a particular section of these Terms by selecting the applicable link below:

Consent to Electronic Communications
Eligibility, Age, and Account Creation
Products, Product Availability, and Product Information
Orders, Purchases, and Payment
Insurance-Supplied Products, Durable Medical Equipment (DME) Orders, and Prescription Requirements
Use of our Services
Termination and Monitoring
Lactation Support and IBCLC Consultation Services
Third-Party Services
User Content
Intellectual Property: Ownership and Licenses
Copyright Infringement and DMCA Policy
Customer Support
Unauthorized Resellers, Marketplaces, and Distribution Restrictions
General Disclaimers
Medical Disclaimers, Breastfeeding, and Healthcare Limitation of our Services
Product Recalls, Safety Notices, and Regulatory Communications
Breast Milk Handling, Storage, Safety, and Third-Party Accessories
Limitations of Liability
Indemnification
Our Remedies
Dispute Resolution: Arbitration Agreement and Class Action Waiver
Force Majeure
Miscellaneous
Interpretation of these Terms
Our Contact Information

1. CONSENT TO ELECTRONIC COMMUNICATIONS.

By creating an account, accessing, or using our Services, you consent to receive all communications from us electronically. We may communicate with you by email, by posting notices on our Services, or by other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that your consent to receive electronic communications is voluntary. You may withdraw your consent at any time by contacting us at privacy@spectrababyusa.com. Because electronic communications are necessary to provide and administer our Services, withdrawal of consent may result in the suspension or termination of your account or access to some or all of our Services, except where prohibited by applicable Laws (as defined below). To receive communications in non-electronic form, you may request a paper copy of any record by contacting us at privacy@spectrababyusa.com, and we will provide it free of charge. To receive electronic communications, you must have: (a) a device with internet access; (b) a current, valid email address; and (c) a current web browser that supports TLS 1.2 or higher. You are responsible for maintaining a valid email address on file with us to enable communications from us. Failure to maintain a valid email address will result in interrupted communications and potential account suspension.

2. ELIGIBILITY, AGE, AND ACCOUNT CREATION.

(a) You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use, or interact with our Services. Our Services are intended solely for individuals who have reached the age of majority in their jurisdiction of residence and who possess the legal capacity to enter into binding contracts under applicable Laws. By using our Services, you represent, warrant, and agree that: (i) you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; (ii) you possess the legal authority and capacity to enter into and comply with these Terms; (iii) all information you provide to us is truthful, accurate, current, complete, and not misleading; (iv) you will maintain and promptly update your information as necessary to ensure its continued accuracy; and (v) your use of our Services does not violate any applicable Laws, contractual obligations, or third-party rights. If you are entering these Terms on behalf of an entity, all references in these Terms to “you” and “your” will mean such entity.

(b) If you are under the age of 18 or the age of majority in your jurisdiction (a “Minor”), you may only access and use our Services with the prior consent and under the active supervision of a parent or legal guardian (“Authorized Guardian”). By permitting a Minor to access or use our Services, the Authorized Guardian represents and warrants that: (i) the Authorized Guardian has the legal authority to consent on behalf of the Minor; (ii) the Authorized Guardian has reviewed and agrees to be bound by these Terms, both on the Authorized Guardian’s own behalf and on behalf of the Minor; (iii) the Authorized Guardian assumes full responsibility for the Minor’s access to and use of our Services, including all financial charges, obligations, and liabilities arising from such use; and (iv) the Authorized Guardian acknowledges that our Services may not be designed for or directed at Minors and agrees to supervise the Minor’s use accordingly. We reserve the right, in our sole discretion, to request verification of age or parental consent at any time and to suspend, restrict, or terminate access to our Services if we reasonably believe that a Minor is using our Services without proper Authorized Guardian consent or in violation of these Terms.

(c) You agree not to: (i) create an account with us using false or misleading information; (ii) create an account with us on behalf of another person without authorization; (iii) transfer, sell, rent, lease, sublicense, or otherwise provide access to your account with us to any third party; (iv) use another person’s account without permission; (v) impersonate any individual, business, or entity; and (vi) use our Services in a manner intended to conceal your identity or misrepresent your affiliation with another party. You are solely responsible for all activities conducted through your account with us, whether authorized by you or not. You agree to notify us immediately of any unauthorized access to, use of, or suspected breach of your account with us. You are responsible for maintaining a valid and functioning email address, telephone number, and other contact information associated with your account or any transactions with us. We will not be responsible for communications that are not received due to inaccurate, outdated, blocked, filtered, or otherwise inaccessible contact information.

3. PRODUCTS, PRODUCT AVAILABILITY, AND PRODUCT INFORMATION.

(a) We may offer breast pumps, replacement parts, accessories, maternal wellness products, lactation support services, educational resources, consultations, and related products and services through our Services. While we strive to provide accurate and current information regarding our products and services, we do not warrant that product descriptions, images, specifications, compatibility information, pricing, availability, colors, dimensions, instructional content, or other information presented through our Services are complete, accurate, reliable, current, or error-free. Product photographs, videos, illustrations, renderings, demonstrations, and marketing materials are provided for illustrative purposes only. Actual products may vary in appearance, color, packaging, labeling, dimensions, features, accessories, or specifications due to manufacturing updates, supplier modifications, technological improvements, regulatory requirements, display settings, or other factors.

(b) We reserve the right, at any time and without prior notice, to modify, update, discontinue, replace, improve, limit, suspend, or remove any product, service, feature, content, program, promotion, or offering available through our Services. Such modifications will not create any obligation to continue offering previously available products or services. Product availability displayed on our Services is provided for convenience only and does not constitute a guarantee of inventory. Products may become unavailable after an order is placed due to inventory fluctuations, system errors, supply chain disruptions, manufacturing delays, recalls, quality control concerns, or other circumstances beyond our control. Educational content, tutorials, troubleshooting materials, pumping guides, lactation resources, blog articles, webinars, videos, and informational materials provided through our Services are intended solely for general informational and educational purposes. Such materials are not intended to replace professional medical advice, diagnosis, treatment, or individualized healthcare guidance.

(c) We reserve the right to limit product quantities, restrict sales by customer, household, geographic region, reseller status, purchasing behavior, or other business considerations. We reserve the right to refuse service, refuse sales, or cancel transactions where we reasonably believe a purchase may involve fraud, unauthorized resale, abuse of promotional programs, export restrictions, warranty abuse, or a violation of these Terms.

(d) Our products are intended to be used solely in accordance with their accompanying instructions, user manuals, safety warnings, packaging materials, troubleshooting guidance, and other documentation provided by us. You are solely responsible for reading, understanding, and following all instructions, warnings, precautions, cleaning procedures, sterilization procedures, storage requirements, maintenance recommendations, replacement schedules, and safety guidelines before using any product. Products are intended for personal consumer use only unless expressly authorized by us in writing. Products may not be rented, shared, redistributed, resold, loaned, or transferred in a manner inconsistent with applicable product instructions, health recommendations, regulatory requirements, or warranty provisions. Certain products, including breast pumps, tubing, valves, backflow protectors, flanges, collection systems, wearable pumping components, milk collection accessories, and replacement parts, require regular inspection, cleaning, maintenance, and replacement. Failure to properly maintain or replace components may affect product performance and may result in reduced suction, diminished functionality, contamination risks, equipment failure, or other unintended outcomes. You acknowledge that breast pump performance may vary based upon numerous factors, including individual anatomy, breast tissue composition, flange sizing, milk supply, hormonal factors, product maintenance, cleaning practices, accessory condition, product age, user technique, and individual physiological differences.

(e) We do not guarantee any specific pumping volume, milk output, milk supply increase, milk expression rate, pumping comfort level, breastfeeding outcome, breastfeeding duration, or other individual results. You are solely responsible for ensuring that all replacement parts, accessories, and components used with our products are compatible with the applicable product model. Use of unauthorized, modified, counterfeit, incompatible, third-party, or non-approved accessories may affect product safety, performance, and warranty eligibility. Products should never be used in a manner inconsistent with product instructions or applicable healthcare guidance. WE WILL NOT BE RESPONSIBLE FOR INJURIES, DAMAGES, LOSSES, CONTAMINATION EVENTS, PROPERTY DAMAGE, LOST BREAST MILK, INTERRUPTED FEEDING SCHEDULES, REDUCED MILK SUPPLY, DISCOMFORT, OR OTHER CONSEQUENCES RESULTING FROM MISUSE, IMPROPER MAINTENANCE, UNAUTHORIZED MODIFICATIONS, IMPROPER CLEANING, IMPROPER STORAGE, OR FAILURE TO FOLLOW INSTRUCTIONS. You are solely responsible for inspecting products prior to use and discontinuing use of any product that appears damaged, defective, contaminated, altered, malfunctioned, or otherwise unsafe.

(f) To maintain product quality, ensure accurate diagnosis of product issues, prevent warranty fraud, and provide efficient customer support, we reserve the right to require you to participate in reasonable troubleshooting, verification, inspection, and claim validation procedures before any warranty coverage is approved. By submitting warranty claims, you may be required to provide proof of purchase, product registration number, product serial numbers, photographs, videos, screenshots, diagnostic information, usage information, maintenance information, cleaning records, product return information, shipping information, and any other information and documentation requested by us. We may also require that you participate in troubleshooting procedures designed to identify whether a reported issue is caused by normal wear and tear, user error, improper assembly, improper cleaning, damaged accessories, consumable component replacement needs, power supply issues, environmental conditions, third-party accessories, product misuse, or manufacturing defects.

(g) We may deny, suspend, delay, investigate, or close warranty claims where: required information is not provided; fraudulent, misleading, inaccurate, incomplete, altered, or inconsistent information is submitted; you refuse to participate in troubleshooting procedures; product ownership cannot be verified; the product was obtained through unauthorized sales channels; evidence suggests misuse, abuse, unauthorized modifications, or warranty fraud; or the reported issue cannot be reasonably verified. You acknowledge that warranty claim approval may require review by technical support personnel, quality assurance personnel, engineering personnel, warranty specialists, product specialists, or other designated representatives. Where return of a product is requested, you agree to follow all return instructions provided by us. Failure to comply with return instructions may result in denial of warranty coverage, suspension of claim processing, or recovery of replacement product costs. Knowingly submitting false warranty claims, altered documentation, manipulated videos, counterfeit products, fraudulent purchase records, or other misleading information may result in immediate denial of warranty coverage, termination of account privileges, suspension of future services (including support services), legal action, and any other rights or remedies available under applicable Laws.

(h) You acknowledge and agree that we will not be responsible or liable to you or any third party for any claim, damage, loss, defect, malfunction, or failure of a product arising from or attributable to any of the following causes: (i) normal wear and tear over time; (ii) user error, including failure to follow operating instructions or recommended usage guidelines; (iii) improper assembly or installation; (iv) improper cleaning or use of unauthorized cleaning agents, solvents, or methods; (v) damage to or loss of accessories, attachments, or peripheral components; (vi) the need to replace consumable components, including batteries, filters, cartridges, or other parts intended to be periodically replaced during the normal life cycle of a product; (vii) power supply issues; (viii) environmental conditions, including exposure to extreme temperatures, humidity, moisture, dust, corrosive substances, or other adverse environmental factors; (ix) the use of third-party accessories, parts, or components not manufactured, sold, or expressly authorized by us; (x) any misuse, abuse, neglect, or unauthorized modification of a product; or (xi) any other cause of a similar nature or character to those enumerated in this Section.

4. ORDERS, PURCHASES, AND PAYMENT.

(a) All orders submitted through our Services constitute offers to purchase products or services from us. Submission of an order does not guarantee acceptance of that order. We reserve the right, in our sole discretion, to accept, reject, limit, condition, or cancel any order at any time and for any lawful reason. An order will not be deemed accepted until payment has been authorized, processed, and an order confirmation has been issued by us. Receipt of an automated order confirmation does not constitute final acceptance of an order and may merely acknowledge receipt of your purchase request. You agree to provide complete, current, and accurate billing, shipping, payment, and contact information for all purchases. You further agree to promptly update any information necessary to maintain its accuracy.

(b) By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us and our payment processing providers to charge the applicable payment method for all amounts associated with the transaction, including product prices, taxes, shipping charges, duties, fees, service charges, and any other applicable amounts disclosed during checkout. If a payment is declined, reversed, disputed, refunded, charged back, or otherwise rejected, we reserve the right to suspend fulfillment, deny future purchases, revoke promotional benefits, suspend account access, pursue collection efforts, and recover any associated costs permitted by law. We reserve the right to utilize third-party payment processors and financial institutions to facilitate transactions. Your use of such payment services may also be subject to separate agreements between you and those providers.

(c) We reserve the right to verify payment information, request additional documentation, perform fraud screening procedures, delay fulfillment pending verification, or refuse transactions that present elevated risk factors. We may also limit quantities, restrict multiple orders, decline reseller purchases, or cancel transactions that appear to involve fraudulent activity, unauthorized use of payment instruments, abuse of promotional programs, or violations of Laws.

(d) In the event of pricing inaccuracies, typographical errors, inventory discrepancies, system malfunctions, or other mistakes affecting a transaction, we reserve the right to correct such errors and cancel or refuse affected orders, regardless of whether payment has already been submitted. You agree not to engage in fraudulent chargebacks, payment reversals, or disputes for products or services that have been delivered, fulfilled, replaced under warranty, or otherwise provided in accordance with these Terms. We reserve all rights to contest chargebacks, recover associated costs and fees, pursue collection remedies, and suspend future purchasing privileges in connection with abusive or fraudulent payment disputes.

(e) All prices displayed through our Services are stated in U.S. Dollars unless otherwise indicated. Prices, fees, charges, discounts, promotions, and product availability are subject to change at any time without prior notice. Although we make reasonable efforts to ensure pricing accuracy, pricing errors may occur. In the event a product or service is listed at an incorrect price due to typographical errors, system errors, technical malfunctions, third-party data errors, or other inaccuracies, we reserve the right to refuse, cancel, or modify any affected order regardless of whether the order has been confirmed or payment has been processed.

(f) Applicable sales taxes, use taxes, value-added taxes (VAT), duties, customs fees, shipping charges, handling fees, and other governmental assessments may be added to your purchase where required by applicable Laws. Such amounts may vary based upon the shipping destination, applicable tax jurisdiction, product classification, and other factors. You are solely responsible for all taxes, duties, tariffs, customs fees, import charges, governmental assessments, and other costs associated with your purchase unless otherwise expressly stated.

(g) For any subscription-based services, recurring consultations, membership programs, educational offerings, or future recurring billing services that may be offered by us, you authorize recurring charges according to the billing terms disclosed at enrollment. Unless otherwise stated, recurring subscriptions will automatically renew until cancelled by you in accordance with the applicable cancellation procedures.

5. INSURANCE-SUPPLIED PRODUCTS, DURABLE MEDICAL EQUIPMENT (DME) ORDERS, AND PRESCRIPTION REQUIREMENTS.

(a) Certain of our products may be purchased directly from us or obtained through third-party durable medical equipment (“DME”) providers, insurance programs, healthcare plans, distributors, healthcare providers, healthcare systems, government programs, or other authorized channels. Insurance coverage, reimbursement eligibility, prescription requirements, medical necessity determinations, benefit availability, copay obligations, deductible requirements, prior authorization requirements, and coverage decisions are determined solely by the applicable insurance carrier, healthcare plan administrator, government agency, DME provider, or other responsible third party. We do not guarantee any insurance coverage, benefit eligibility, reimbursement approval, coverage amounts, product availability through insurance, prescription approval, prior authorization approval, or delivery timeframes associated with insurance processing. You acknowledge that insurance coverage requirements may change without notice and that eligibility determinations may vary among insurers, healthcare plans, employers, government programs, and geographic regions.

(b) Where a prescription, physician order, healthcare provider certification, medical necessity documentation, insurance verification, or other supporting documentation is required, you are solely responsible for obtaining and maintaining such documentation. We will not be responsible for delays resulting from prescription processing, healthcare provider response times, insurance verification delays, coverage disputes, prior authorization requirements, DME provider processing delays, government program reviews, documentation deficiencies, or third-party administrative processes. Products obtained through insurance programs, DME providers, healthcare plans, government benefit programs, or similar channels may be subject to additional terms, limitations, restrictions, return policies, replacement policies, and warranty provisions imposed by the applicable provider. We are not responsible or liable for denied insurance claims, reimbursement disputes, coverage limitations, benefit determinations, prescription requirements, billing disputes, payment disputes, coding issues, healthcare plan decisions, or other actions taken by third-party payors, DME providers, or healthcare organizations. Nothing contained within our Services will be construed as insurance advice, reimbursement guidance, coverage guarantees, or legal advice regarding healthcare benefits.

6. USE OF OUR SERVICES.

(a) Restrictions and Prohibited Uses. You will not, and will not permit others to, directly or indirectly: (i) reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to our Services or any related software, documentation, or data (collectively, “Technology”); (ii) modify, translate, or create derivative works of, from or otherwise based on our Services or any Technology, in whole or in part; (iii) access or use our Services for timesharing or reselling purposes or otherwise for the benefit of a third party (other than expressly authorized by us in writing); (iv) upload to or otherwise use our Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party rights, including privacy rights; (v) upload to or otherwise use our Services to store or transmit code, files, scripts, agents or programs intended to do harm, including viruses, worms, time bombs, and Trojan horses; (vi) interfere with or disrupt the integrity or performance of our Services or any Technology (in whole or in part); (vii) attempt to gain unauthorized access to our Services, the Technology, or any of their related systems or networks, or access or use our Services other than through the use of your own then valid Access Credentials (as defined below); (viii) permit direct or indirect access to or use of our Services in a way that circumvents a contractual usage limit; (ix) frame or mirror the whole or any part of our Services (including any Technology); (x) access our Services or the Technology (in whole or in part) in order to build a competitive product or service; (xi) remove any proprietary notices or labels of or from our Services or the Technology; (xii) access or use our Services in any way that violates these Terms, any third-party rights, or any Laws, including anti-spam, export control, privacy, or anti-terrorism laws and regulations; (xiii) use our Services (in whole or in part), or any information contained therein, in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise harassing, abusive, objectionable, or offensive; or (xiv) provide false or inaccurate information when registering for our Services, using our Services, or communicating with us or other users.

(b) Access Credentials. You may be issued a username, password, link, or other security code, method, or technology, alone or in combination, to verify an individual’s identity and authorization to access and use our Services (“Access Credentials”). We encourage you to use strong Access Credentials (i.e., in the case of a password, one that is long, uses a mix of letters (upper and lower case), numbers and symbols, and has no ties to your personal information, and no dictionary words) even if our Services permit simple Access Credentials. You have and will retain sole responsibility for the security and use of all Access Credentials, including for any losses that you or any third party may suffer as a result of the authorized or unauthorized use of any Access Credentials by any third party. We reserve the right to disable any Access Credentials at any time in our discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We will not be liable for any loss, damage, or unauthorized activity resulting from your failure to maintain the confidentiality of your Account Credentials.

(c) Your Information. You will ensure (and represent, warrant and covenant) that any information, data, content, or materials provided by you to us on or otherwise as a result of your use of our Services (collectively, “Your Information”), as well as your activities in connection with, use of or access to our Services, are accurate, complete and do not and will not violate any applicable laws, rules, regulations, statutes, or orders having the force of law (collectively, “Laws”) or infringe on a third party’s intellectual property or other rights. Without limiting the generality of the foregoing, if Your Information includes any personal information of individuals, you will ensure that your collection and submission to our Services of the same, and your and our use and storage of the same as contemplated by these Terms does not violate any third party rights, and otherwise complies with all applicable Laws, including any Laws relating to the consent of, or disclosure to, consumers with respect to the collection, use, or disclosure of such information as contemplated by these Terms and our Privacy Policy. If we receive information indicating, or we otherwise reasonably believe, that all or any portion of any of Your Information may violate Laws, any third-party rights, or otherwise could reflect poorly on us or negatively impair our goodwill (in each case, in our sole and absolute discretion), we may notify you and, if you fail to remove or modify the relevant portion of Your Information from our Services within two business days, then we may delete the relevant portion of Your Information from our Services. By providing us with Your Information, you grant us a worldwide, royalty-free, irrevocable, transferable, and sublicensable right and license to use Your Information, in whole or in part, to provide our Services to you and as otherwise set forth in these Terms and our Privacy Policy, without any compensation or notice to you whatsoever. Information regarding your privacy rights and instructions for submitting Privacy requests can be found at: Consumer Privacy Rights Request Form

(d) Your Information May Expose You to Liability. You acknowledge that Your Information may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Information contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any Laws.

(e) Your Systems. You are responsible for: (i) obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use our Services, including modems, hardware, servers, software, operating systems, networks, web servers, and the like (collectively, “Your Systems”); (ii) maintaining the security of all of Your Systems; and (iii) all uses of your accounts and Your Systems. You acknowledge and agree that failure to obtain and maintain Your Systems and otherwise meet any applicable technical requirements of or relating to our Services may cause our Services to (in whole or in part) be unavailable, or function ineffectively or inappropriately. We will in no event be responsible for any downtime, losses, failures or liabilities that arise as a result of your failure to comply with the requirements set forth in this Section. You acknowledge that use of our Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your sole responsibility.

(f) Territorial Restrictions. We control and operate our Services from the United States of America (“U.S.”) and we make no representations or warranties that the information, products, or services provided on or through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the Laws of that jurisdiction or if it would subject us to the Laws of, or any registration requirement with, such jurisdiction. We reserve the right, at any time and in our sole discretion, to limit the availability of our Services to any person, geographic area, or jurisdiction. We may exercise this right without prior notice and for any reason, including compliance with Laws or risk management considerations. Our Services may reference products or services that are not available in all locations. Any reference to a product or service does not imply or guarantee that it is or will be available in your location.

(g) Artificial Intelligence and Automated Systems.

(i) This Section governs all access to and use of our Services by automated systems, artificial intelligence technologies, machine learning systems, large language models, bots, crawlers, scrapers, autonomous agents, software scripts, robotic process automation tools, browser automation tools, and any other technology capable of interacting with our Services without direct real-time human control (collectively, “Automated Systems”). For purposes of these Terms, Automated Systems include both publicly available and privately developed technologies, whether operating independently, semi-autonomously, or under human supervision. Except as expressly authorized in advance and in writing by us, no Automated System may access our Services, monitor our Services, crawl our Services, scrape our Services, index our Services, harvest information from our Services, collect user information, extract data, download content, republish content, reproduce content, mirror website content, interact with forms or communications systems, access customer support channels, or otherwise interact with our Services.

(ii) Without our prior written authorization, you will not use any portion of our Services, Our Property (as defined below), User Content (as defined below), product information, educational materials, videos, photographs, reviews, testimonials, customer communications, support content, consultation materials, training resources, or other information available through our Services for artificial intelligence training, large language model training, machine learning model development, neural network training, dataset generation, synthetic data creation, retrieval-augmented generation systems, embedding generation, knowledge graph creation, benchmark testing, AI evaluation testing, automated summarization systems, commercial AI services, AI-powered search systems, or any similar purpose. You agree not to conceal automated activity, impersonate human users, circumvent access restrictions or rate limits, CAPTCHA systems, anti-bot technologies, or authentication requirements, override robot exclusion technologies, evade detection systems, access restricted areas of our Services, conduct vulnerability testing without authorization, attempt unauthorized data collection, engage in excessive requests, create undue burden on infrastructure, interfere with website functionality, harvest personal information, or facilitate prohibited automated activities by third parties.

(iii) We expressly reserve all rights relating to the use of our content, systems, infrastructure, intellectual property, educational resources, customer support materials, and proprietary information for artificial intelligence, machine learning, and automated processing purposes. No license, authorization, consent, or permission for AI training, machine learning usage, or automated exploitation will be implied from access to our Services. We reserve the right to block automated access, restrict IP addresses, deny requests, implement rate limits, require authentication, deploy anti-bot technologies, suspend accounts, terminate access, seek injunctive relief, recover damages, and pursue any rights and remedies available under applicable Laws.

7. TERMINATION AND MONITORING.

(a) We reserve the right, in our sole discretion, to immediately terminate your access to all or part of our Services, with or without notice for any reason or no reason in our sole discretion, including if we determine that you are not eligible to use our Services, you have violated these Terms, you are not suitable for participation as a purchaser of our Services, or you have mis-used or mis-appropriated our Services (in whole or in part), including use on a “mirrored,” competitive, or third-party site. We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, disable, or terminate any account with us that violates these Terms, presents a security risk, engages in fraudulent or abusive activity, or otherwise threatens the integrity of our Services, customers, employees, or business operations. We will not be liable for losses, damages, expenses, inconvenience, or business interruptions arising from suspension, restriction, or termination of access as permitted under these Terms.

(b) To protect our customers, employees, systems, intellectual property, and business operations, we may monitor, analyze, investigate, review, record, log, audit, and evaluate activity occurring through our Services, which may include activity related to websites, accounts, logins, transactions, customer support, warranty claims, and communication and device information, network information, security logs, access records, and other information reasonably necessary to protect our Services. We may use automated systems, fraud detection technologies, cybersecurity tools, risk assessment technologies, behavioral analytics, identity verification systems, and other security measures designed to detect and prevent fraud, warranty abuse, account abuse, payment fraud, identity theft, unauthorized access, cyberattacks, automated scraping, system misuse, and other unlawful activities.

(c) Where we reasonably suspect fraudulent, abusive, unlawful, unauthorized, or harmful activity, we may suspend transactions, delay order fulfillment, request additional verification, restrict account access, deny warranty coverage, cancel orders, preserve evidence, conduct investigations, cooperate with law enforcement, report suspected criminal conduct, and take any other action deemed necessary to protect us, and our personnel, customers, and business operations. You acknowledge that we may retain information and records necessary to investigate disputes, enforce these Terms, comply with legal obligations, prevent fraud, and protect legitimate business interests. Nothing contained in this Section will obligate us to monitor all activity or guarantee that unauthorized activity will be detected or prevented.

8. LACTATION SUPPORT AND IBCLC CONSULTATION SERVICES.

(a) We may offer lactation support services, breastfeeding education, pumping guidance, educational consultations, virtual consultations, in-person consultations, and services provided by the International Board Certified Lactation Consultants (“IBCLCs”), Certified Lactation Counselors (“CLCs”), or other qualified professionals. Participation in lactation support services is voluntary and undertaken at your sole discretion. You acknowledge and agree that lactation consultations are intended to provide breastfeeding education, pumping support, lactation guidance, and informational assistance and are not intended to replace individualized medical care provided by licensed healthcare providers. Unless expressly stated otherwise in writing, participation in a consultation does not create a physician-patient relationship, a hospital-patient relationship, a healthcare provider-patient relationship, an emergency care relationship, an ongoing duty of care, or a guarantee of future support services. Consultations may be conducted using information provided by you. We and our consultants rely upon the accuracy and completeness of information provided by you and are not responsible for inaccuracies, omissions, misunderstandings, or incomplete information provided by you.

(b) You remain solely responsible for all healthcare decisions affecting yourself and your children, including decisions regarding breastfeeding, supplementation, pumping schedules, medication use, feeding practices, medical treatment, and healthcare provider recommendations. Recommendations provided during consultations are educational in nature and may not be appropriate for every individual. You should consult your healthcare providers before making healthcare decisions based upon consultation discussions. We do not guarantee that participation in consultations will result in improved milk supply, successful breastfeeding, increased pumping output, reduced discomfort, improved feeding outcomes, resolution of breastfeeding challenges, or any other specific result. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR CONSULTANTS, CONTRACTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR CLAIMS ARISING FROM PARTICIPATION IN LACTATION CONSULTATIONS, EDUCATIONAL SESSIONS, BREASTFEEDING SUPPORT SERVICES, OR INFORMATIONAL GUIDANCE PROVIDED THROUGH OUR SERVICES.

9. THIRD-PARTY SERVICES.

(a) Third-Party Services. You acknowledge and agree that: (i) certain features, functionalities, or services available on or through our Services may be provided by third parties (collectively, “Third-Party Service Providers”, and such features, functionalities, or services, collectively, “Third-Party Services”); (ii) our Services and certain of their features or functionalities may rely on application programming interface (“API”) integrations, which are subject to inherent unpredictability and inconsistency outside of our control, and we will have no liability for any downtime caused by API integration failures; (iii) we will have no liability for any downtime, unavailability, errors, or other issues relating to the features, functionalities, or data in our Services caused in whole or in part by any Third-Party Services, Third-Party Service Providers, or API integration failures; (iv) Third-Party Service Providers may impose additional restrictions on the use of their respective Third-Party Services, including terms and conditions entered into by, or otherwise made available to, you (collectively, “Third-Party Requirements”); (v) you are solely responsible for, and will ensure that you comply with, all Third-Party Requirements; and (vi) we may at any time terminate or discontinue any Third-Party Services, including as a result of the termination of our relationship with the applicable Third-Party Service Provider.

(b) Links to Third-Party Sites or Content. Links from our Services to external sites, or the inclusion of advertisements and other third-party content on our Services, do not constitute an endorsement by us of such sites or of the content, products, services, advertising, or other materials presented on or through them. Such links and third-party content are provided for our users’ reference and convenience only. We do not control third-party sites or content and are not responsible or liable for any such sites, content, products, or services. Third-party sites and content are governed by their respective owners’ terms of use or service and privacy policies and not by these Terms or our Privacy Policy. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM THE USE OR VIEWING OF LINKS TO THIRD-PARTY SITES OR THIRD-PARTY CONTENT THAT MAY APPEAR ON OUR SERVICES. YOU AGREE TO HOLD US HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THE USE OF SUCH LINKS OR CONTENT.

10. USER CONTENT.

(a) We may permit users to submit, upload, publish, post, tag, share, transmit, or otherwise provide reviews, testimonials, ratings, photographs, videos, comments, feedback, suggestions, social media content, breastfeeding stories, product experiences, contest entries, survey responses, and other materials (collectively, “User Content”) through our Services or through third-party platforms. You retain ownership of any intellectual property rights you may possess in User Content that you lawfully submit. However, by submitting, posting, uploading, tagging, mentioning, or otherwise providing User Content to us, you grant us and our affiliates, subsidiaries, successors, assigns, licensees, contractors, advertising partners, marketing agencies, and service providers a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, perform, transmit, translate, create derivative works from, promote, market, advertise, and otherwise exploit such User Content in any media now known or later developed for business, educational, promotional, marketing, advertising, public relations, customer support, training, and operational purposes.

(b) You represent and warrant that: (i) you own or control all rights necessary to submit the User Content; (ii) the User Content does not infringe, violate, misappropriate, or otherwise interfere with the rights of any third party; (iii) the User Content is truthful, accurate, and not misleading; (iv) the User Content does not contain defamatory, obscene, unlawful, fraudulent, discriminatory, threatening, abusive, or otherwise inappropriate material; and (v) the User Content does not violate any Laws or contractual obligations. We are under no obligation to publish, display, maintain, store, or use any User Content and we reserve the right to review, edit, reject, remove, refuse, archive, or delete User Content at any time and for any reason without notice.

(c) We are not involved in the preparation or transmission of User Content. Accordingly, we do not approve or endorse any User Content, and you acknowledge and agree that we (i) have no control over the quality, correctness, timeliness, safety, truthfulness, accuracy, or legality of any User Content posted by you or any other person or entity, and (ii) will have no liability to you arising from your submission, posting, access, use of, or reliance on any User Content. User Content posted by other users may be inaccurate, offensive, harmful, indecent, or deceptive. You should exercise caution and independent judgment and should not rely solely on User Content. You acknowledge and agree that we have no obligation to enforce these Terms on your behalf against any other user. Opinions, advice, statements, offers, or other information included in any User Content, but not provided directly by us, are those of their respective authors, who are solely responsible for such content. You acknowledge that testimonials, reviews, and descriptions of customer experiences reflect individual experiences only and do not guarantee that other users will achieve similar results. We assume no responsibility for User Content submitted by users and disclaim all liability arising from any User Content posted, transmitted, or otherwise made available through our Services.

11. INTELLECTUAL PROPERTY: OWNERSHIP AND LICENSES.

(a) Ownership.

(i) Your Information. You will own all right, title, and interest in and to Your Information.

(ii) Our Property. We or our licensors, suppliers, partners, or content providers will own and retain all right, title, and interest in and to the following (collectively, “Our Property”): (A) our Services, the Technology, graphics, photographs, videos, educational materials, instructional content, text, code, data compilations, user interfaces, website designs, and other materials made available through our Services, and all improvements, enhancements, or modifications to any of the foregoing; (B) any software, applications, inventions, or other technology or intellectual property developed, authored, or reduced to practice in connection with our Services; (C) our names, logos, brands, trademarks, service marks, copyrights, patents, trade secrets, designs, trade dress, and our other intellectual property, including the “Spectra” and “Spectra Baby USA” brands, names, and logos, which are proprietary to Spectra Baby USA and may not be used without our prior written consent; (D) any suggestion, enhancement request, recommendation, correction, or other feedback relating to our Services, in whole or in part (“Feedback”); (E) any and all performance data, test or evaluation results, or other metrics derived from our Services, including Aggregated Data (as defined below); and (F) all intellectual property rights related to any of the foregoing.

(iii) Reservation of Rights. We expressly reserve all rights in and to Our Property not expressly granted herein. Nothing contained within our Services will be construed as granting any license or right to use any of our intellectual property without our express written permission.

(iv) Protection of Our Property. Our Property is protected by applicable copyright, trademark, patent, trade secret, unfair competition, and other intellectual property laws. Except as expressly authorized in writing by us, no portion of Our Property may be copied, reproduced, republished, uploaded, posted, displayed, transmitted, distributed, modified, translated, adapted, reverse engineered, disassembled, licensed, sold, rented, leased, assigned, exploited, or otherwise used for any purpose. You will not use any of our intellectual property for any reason without first obtaining our prior written consent. No right, title, or interest in any intellectual property owned by us is transferred to you through your use of our Services.

(v) Cooperation. During and after the term of your use of our Services, each party will cooperate with the other to do all things reasonably necessary or desirable to establish, maintain, protect, and enforce such party’s exclusive ownership of its property as identified in this Section.

(b) Use of Data and Feedback. Notwithstanding anything to the contrary and to the extent not prohibited by applicable Laws, we will have the right to collect and analyze Your Information and other information relating to the provision, use, and performance of various aspects of our Services, and we will be free (during and after the term of your use of our Services) to: (i) use such information and data to improve and enhance our Services and for other development, diagnostic, and corrective purposes in connection with our Services; and (ii) use and disclose such information and data solely in aggregate or other de-identified form in connection with our business without disclosing your identity (“Aggregated Data”). No rights or licenses are granted except as expressly set forth herein. Any improvements, enhancements, or other modifications created, prepared, produced, authored, edited, amended, conceived, or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.

12. COPYRIGHT INFRINGEMENT AND DMCA POLICY. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable Laws.

(i) Notification. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from our Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), your written notice (the “DMCA Notice”) must include substantially the following:

· Your physical or electronic signature.

· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Services, a representative list of such works.

· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

· Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

· A statement that the information in the written notice is accurate.

· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

(ii) Counter Notification Procedures. If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, a Counter-Notice must include substantially the following:

· Your physical or electronic signature.

· An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

· Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

· A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

(iii) Copyright Agent. Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is:
Attn: LEGAL DEPARTMENT AT SPECTRA
Email: Privacy@SPECTRABABYUSA.COM

Repeat Infringers: We reserve the right, in appropriate circumstances, to disable or terminate access to our Services or the accounts of users who repeatedly infringe the rights of others.

13. CUSTOMER SUPPORT.

(a) We are committed to providing customer support, product assistance, troubleshooting guidance, warranty administration, educational resources, order assistance, and general customer care services through various communication channels, including telephone, email, SMS messaging, online chat, social media platforms, customer portals, web forms, video conferencing platforms, and other communication methods. By contacting us or otherwise communicating with our representatives, you consent to receiving communications regarding your products, purchases, warranty claims, support requests, consultations, billing matters, product registrations, order status, troubleshooting inquiries, customer satisfaction surveys, and related services. To maintain quality standards, improve customer experiences, train personnel, monitor compliance, investigate disputes, prevent fraud, protect customer safety, and document customer interactions, telephone calls, video calls, chat sessions, electronic communications, and other interactions may be monitored, recorded, stored, retained, reviewed, transcribed, analyzed, or otherwise processed to the extent permitted by applicable Laws. Where required by applicable Laws, notice of recording may be provided before or during the communication. Your continued participation in the communication following such notice constitutes your consent to the recording, monitoring, and storing of the interaction and communication.

(b) You acknowledge that communications with our customer care representatives are intended to provide product support, warranty assistance, educational information, troubleshooting guidance, and general customer service. Our customer care representatives are not authorized to provide medical advice, legal advice, financial advice, or professional healthcare recommendations. We may maintain records of customer interactions, support tickets, warranty claims, troubleshooting videos, photographs, correspondence, consultation notes, call recordings, and other communications for operational, legal, regulatory, quality assurance, training, and compliance purposes. You agree to conduct communications with our representatives in a respectful and lawful manner. We may suspend, restrict, or terminate communications with any individual who engages in abusive, threatening, harassing, discriminatory, fraudulent, unlawful, or inappropriate conduct toward our employees, contractors, consultants, representatives, or other customers. Nothing contained within customer communications will modify these Terms, create additional warranty obligations, alter product specifications, or constitute a legally binding commitment unless expressly authorized in writing by an authorized officer of us.

Requests relating to your privacy rights should be submitted through our Consumer Privacy Rights Request Form available at: Consumer Privacy Rights Request Form or by emailing Privacy@spectrababyusa.com, or by using another method described in our Privacy Policy.

14. UNAUTHORIZED RESELLERS, MARKETPLACES, AND DISTRIBUTION RESTRICTIONS.

(a) Our products are intended to be sold through authorized channels expressly approved by us. Products purchased from unauthorized sellers, unauthorized distributors, unauthorized online marketplaces, liquidation channels, surplus sales channels, private sellers, auction sites, or other unauthorized sources may not be eligible for warranty coverage, replacement programs, support services, product authenticity verification, product registration benefits, promotional programs, or other services offered by us. Unauthorized sales channels may include unauthorized Amazon sellers, eBay sellers, Facebook Marketplace sellers, Craigslist sellers, Mercari sellers, Poshmark sellers, liquidation companies, overstock resellers, private individuals, and any seller not expressly authorized by us. We do not guarantee the authenticity, condition, safety, performance, completeness, storage history, maintenance history, regulatory compliance, or warranty eligibility of products obtained through unauthorized channels. Customers purchasing products from unauthorized sources do so entirely at their own risk.

(b) To verify warranty eligibility, we may require proof of purchase, authorized retailer information, order documentation, product serial numbers, product registration information, and other supporting documentation. We reserve the right to deny warranty claims, replacement requests, product registration requests, technical support requests, promotional benefits, and other services where product ownership, authenticity, or authorized distribution cannot be reasonably verified. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM RESPONSIBILITY AND LIABILITY FOR LOSSES, DAMAGES, DEFECTS, MISREPRESENTATIONS, COUNTERFEIT PRODUCTS, INCOMPLETE PRODUCTS, ALTERED PRODUCTS, EXPIRED PRODUCTS, OR OTHER ISSUES ARISING FROM PURCHASES MADE THROUGH UNAUTHORIZED SALES CHANNELS. WE RESERVE THE RIGHT TO PURSUE LEGAL REMEDIES AGAINST UNAUTHORIZED DISTRIBUTORS, RESELLERS, COUNTERFEITERS, DIVERSION CHANNELS, OR PARTIES ENGAGED IN UNAUTHORIZED COMMERCIAL DISTRIBUTION OF OUR PRODUCTS OR SERVICES.

15. GENERAL DISCLAIMERS. EXCEPT AS EXPRESSLY STATED IN A WRITTEN WARRANTY ISSUED BY US, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO ORAL STATEMENT, CUSTOMER SUPPORT COMMUNICATION, MARKETING MATERIAL, CONSULTATION, PRODUCT DEMONSTRATION, SOCIAL MEDIA COMMUNICATION, EDUCATIONAL RESOURCE, TROUBLESHOOTING ASSISTANCE, OR OTHER COMMUNICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN A WRITTEN WARRANTY ISSUED BY US. Without limiting the generality of the foregoing:

(a) You acknowledge that all or a portion of our Services may be temporarily unavailable due to scheduled maintenance, unscheduled emergency maintenance (whether performed by us or by third-party providers), or other causes beyond our control. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY, REPRESENTATION, OR GUARANTEE THAT OUR SERVICES (IN WHOLE OR IN PART) WILL: (i) MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, EXPECTATIONS, OR NEEDS; (ii) ACHIEVE ANY PARTICULAR RESULT OR OUTCOME; (iii) BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES; OR (iv) BE SECURE, ACCURATE, AVAILABLE, RELIABLE, COMPLETE, OR FREE OF HARMFUL CODE, MALWARE, OR VIRUSES. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT (A) ORDERS WILL ALWAYS BE PROCESSED SUCCESSFULLY OR WITHOUT ERROR; (B) CONSULTATIONS WILL BE AVAILABLE AT ALL TIMES OR WITHOUT INTERRUPTION; OR (C) CUSTOMER SUPPORT WILL BE CONTINUOUSLY OR UNINTERRUPTEDLY AVAILABLE.

(b) ALL CONTENT, INFORMATION, AND MATERIALS AVAILABLE ON, THROUGH, OR AS A RESULT OF OUR SERVICES (COLLECTIVELY, “SERVICE CONTENT”) ARE PROVIDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE, AND WILL NOT BE CONSTRUED AS, PROFESSIONAL, LEGAL, MEDICAL, INSURANCE, FINANCIAL, OR OTHER EXPERT ADVICE. YOU SHOULD NOT RELY ON ANY SERVICE CONTENT FOR ANY PURPOSE WITHOUT INDEPENDENT VERIFICATION AND CONSULTATION WITH QUALIFIED PROFESSIONALS. SERVICE CONTENT MAY BE INCOMPLETE, OUTDATED, OR INACCURATE DUE TO CHANGING CIRCUMSTANCES OR OTHER CAUSES AND MAY CHANGE AT ANY TIME WITHOUT NOTICE. WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, SUITABLE FOR ANY PARTICULAR PURPOSE, OR FREE OF ERRORS, OMISSIONS, OR OTHER INACCURACIES. WITHOUT LIMITING THE FOREGOING, ALL SERVICE CONTENT IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME THE SOLE AND ENTIRE RISK ARISING OUT OF YOUR USE OF OR RELIANCE ON ANY SERVICE CONTENT. WE WILL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO ANY SERVICE CONTENT OR YOUR USE THEREOF. YOUR USE OF OUR SERVICES AND ALL SERVICE CONTENT MUST COMPLY WITH ALL APPLICABLE LAWS IN ALL RESPECTS.

(c) WE MAKE NO GUARANTEES REGARDING THE CONTINUED AVAILABILITY, FEATURES, OR BENEFITS OF OUR SERVICES. OUR SERVICES AND ANY ASSOCIATED FEATURES ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT NOTICE, AND BY ANY METHOD IN OUR SOLE DISCRETION.

(d) WE DO NOT ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY ACTS, OMISSIONS, ERRORS, SERVICES, REPRESENTATIONS, MISREPRESENTATIONS, NEGLIGENCE, MISCONDUCT, BREACHES, OR FAILURES BY ANY THIRD PARTY (INCLUDING ANY RESELLERS, INSURANCE PROVIDERS, AND MEDICAL PROFESSIONALS). YOUR SOLE RECOURSE FOR ANY CLAIMS, LOSSES, DAMAGES, OR DISPUTES ARISING FROM OR RELATED TO THE CONDUCT OF A THIRD PARTY OR ANY PRODUCTS OR SERVICES BEING PROVIDED BY A THIRD PARTY (INCLUDING ANY RESELLERS, INSURANCE PROVIDERS, OR MEDICAL PROFESSIONALS) WILL BE EXCLUSIVELY AGAINST SUCH THIRD PARTY AND NOT AGAINST US.

16. MEDICAL DISCLAIMERS, BREASTFEEDING, AND HEALTHCARE LIMITATION OF OUR SERVICES.

(a) OUR SERVICES MAY INCLUDE EDUCATIONAL MATERIALS, BREASTFEEDING RESOURCES, PUMPING GUIDANCE, TROUBLESHOOTING INFORMATION, CUSTOMER CARE COMMUNICATIONS, PRODUCT SUPPORT RESOURCES, WEBINARS, ARTICLES, VIDEOS, CONSULTATIONS, FREQUENTLY ASKED QUESTIONS, SOCIAL MEDIA CONTENT, AND OTHER INFORMATIONAL MATERIALS. ALL SUCH INFORMATION IS PROVIDED SOLELY FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE, HEALTHCARE ADVICE, DIAGNOSIS, TREATMENT, THERAPY, COUNSELING, CLINICAL GUIDANCE, PRESCRIPTION SERVICES, EMERGENCY SERVICES, OR HEALTHCARE DECISION-MAKING SUPPORT. WE ARE A CONSUMER PRODUCTS COMPANY AND WE ARE NOT A HOSPITAL, PHYSICIAN PRACTICE, MEDICAL CLINIC, HEALTHCARE FACILITY, HEALTHCARE PROVIDER, EMERGENCY CARE PROVIDER, OR MEDICAL TREATMENT PROVIDER. NO CONTENT MADE AVAILABLE THROUGH OUR SERVICES SHOULD BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM QUALIFIED HEALTHCARE PROFESSIONALS. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PEDIATRICIAN, OBSTETRICIAN, MIDWIFE, LACTATION PROVIDER, NURSE PRACTITIONER, OR OTHER LICENSED HEALTHCARE PROFESSIONAL REGARDING MEDICAL CONCERNS, BREASTFEEDING CHALLENGES, CHILD FEEDING CONCERNS, MEDICATION QUESTIONS, TREATMENT DECISIONS, OR ANY HEALTHCARE-RELATED MATTERS. ANY EDUCATIONAL MATERIALS PROVIDED BY US REGARDING BREAST MILK HANDLING, STORAGE, FREEZING, THAWING, TRANSPORTATION, OR FEEDING ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE. YOU SHOULD CONSULT QUALIFIED HEALTHCARE PROVIDERS REGARDING QUESTIONS CONCERNING BREAST MILK SAFETY, INFANT AND CHILD FEEDING PRACTICES, MILK STORAGE GUIDELINES, MILK CONTAMINATION CONCERNS, AND HEALTHCARE-RELATED DECISIONS.

(b) WE DISCLAIM ANY WARRANTY, GUARANTEE, REPRESENTATION, OR PROMISE REGARDING BREASTFEEDING SUCCESS, MILK SUPPLY OUTCOMES, MILK PRODUCTION VOLUME, PUMPING COMFORT, LACTATION OUTCOMES, INFANT AND CHILD FEEDING OUTCOMES, MATERNAL WELLNESS OUTCOMES, PRODUCT COMPATIBILITY WITH THIRD-PARTY ACCESSORIES, PRODUCT PERFORMANCE UNDER UNUSUAL CONDITIONS, OR INDIVIDUAL CUSTOMER SATISFACTION.

17. PRODUCT RECALLS, SAFETY NOTICES, AND REGULATORY COMMUNICATIONS.

(a) CUSTOMER SAFETY IS OUR PRIORITY. FROM TIME TO TIME, WE MAY ISSUE PRODUCT RECALLS, SAFETY NOTICES, CORRECTIVE ACTIONS, FIELD COMMUNICATIONS, SOFTWARE UPDATES, REPLACEMENT PROGRAMS, ADVISORY NOTICES, REGULATORY COMMUNICATIONS, OR OTHER PRODUCT-RELATED NOTIFICATIONS CONCERNING PRODUCTS DISTRIBUTED, SOLD, SUPPORTED, OR SERVICED BY US. BY PURCHASING, REGISTERING, USING, OR OTHERWISE INTERACTING WITH OUR PRODUCTS OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE MAY CONTACT YOU USING AVAILABLE CONTACT INFORMATION FOR PURPOSES RELATING TO PRODUCT SAFETY, RECALLS, CORRECTIVE ACTIONS, REGULATORY OBLIGATIONS, COMPLIANCE REQUIREMENTS, PUBLIC HEALTH CONCERNS, PRODUCT DEFECTS, REPLACEMENT PROGRAMS, OR OTHER IMPORTANT SAFETY-RELATED MATTERS. IN THE EVENT OF A PRODUCT RECALL, SAFETY NOTICE, CORRECTIVE ACTION, OR SIMILAR COMMUNICATION, YOU AGREE TO PROMPTLY REVIEW THE NOTICE AND FOLLOW ALL INSTRUCTIONS PROVIDED BY US, REGULATORY AGENCIES, HEALTHCARE PROVIDERS, MANUFACTURERS, OR OTHER AUTHORIZED ENTITIES. FAILURE TO COMPLY WITH RECALL INSTRUCTIONS, SAFETY WARNINGS, PRODUCT MODIFICATIONS, REPLACEMENT PROGRAMS, SOFTWARE UPDATES, OR CORRECTIVE ACTIONS MAY INCREASE THE RISK OF INJURY, PRODUCT MALFUNCTION, OR PROPERTY DAMAGE.

(b) WE WILL NOT BE LIABLE FOR DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH APPLICABLE SAFETY COMMUNICATIONS. WE RESERVE THE RIGHT TO SUSPEND SUPPORT SERVICES, WARRANTY SERVICES, REPLACEMENT PROGRAMS, OR CONTINUED PRODUCT USE RECOMMENDATIONS WHERE NECESSARY TO ADDRESS SAFETY CONCERNS, REGULATORY OBLIGATIONS, QUALITY ISSUES, OR LEGAL REQUIREMENTS. NOTHING CONTAINED WITHIN THIS SECTION WILL CREATE OBLIGATIONS BEYOND THOSE REQUIRED UNDER APPLICABLE LAW OR THE SPECIFIC TERMS OF ANY RECALL, REPLACEMENT PROGRAM, CORRECTIVE ACTION, WARRANTY, OR REGULATORY COMMUNICATION. YOU ACKNOWLEDGE THAT PARTICIPATION IN PRODUCT REGISTRATION PROGRAMS MAY ASSIST US IN PROVIDING TIMELY SAFETY NOTICES, RECALL INFORMATION, REPLACEMENT OPPORTUNITIES, AND REGULATORY COMMUNICATIONS BUT DOES NOT GUARANTEE RECEIPT OF ANY SPECIFIC COMMUNICATION.

18. BREAST MILK HANDLING, STORAGE, SAFETY, AND THIRD-PARTY ACCESSORIES.

(a) OUR PRODUCTS ARE DESIGNED TO SUPPORT BREAST MILK EXPRESSION AND COLLECTION. HOWEVER, YOU REMAIN SOLELY RESPONSIBLE FOR THE SAFE COLLECTION, HANDLING, STORAGE, TRANSPORTATION, PREPARATION, LABELING, THAWING, WARMING, AND USE OF BREAST MILK. BREAST MILK IS A BIOLOGICAL SUBSTANCE THAT MAY BE AFFECTED BY NUMEROUS FACTORS INCLUDING TEMPERATURE, STORAGE CONDITIONS, HANDLING PRACTICES, CONTAINER INTEGRITY, SANITATION PROCEDURES, ENVIRONMENTAL CONTAMINATION, EQUIPMENT MAINTENANCE, HUMAN ERROR, AND INDIVIDUAL HEALTH CONDITIONS. WE DO NOT SUPERVISE, CONTROL, MONITOR, VERIFY, OR GUARANTEE THE MANNER IN WHICH BREAST MILK IS COLLECTED, STORED, TRANSPORTED, LABELED, PREPARED, FROZEN, THAWED, WARMED, OR CONSUMED. YOU ARE SOLELY RESPONSIBLE FOR FOLLOWING APPLICABLE HEALTHCARE GUIDANCE, PROFESSIONAL RECOMMENDATIONS, GOVERNMENTAL RECOMMENDATIONS, AND SAFE MILK HANDLING PRACTICES, INCLUDING GUIDANCE PUBLISHED BY HEALTHCARE PROVIDERS, HOSPITALS, PEDIATRICIANS, LACTATION PROFESSIONALS, AND PUBLIC HEALTH AUTHORITIES. WE DO NOT GUARANTEE OR WARRANT MILK SAFETY, MILK FRESHNESS, MILK QUALITY, MILK PRESERVATION, MILK STERILITY, MILK STORAGE DURATION, MILK NUTRITIONAL CONTENT, OR PREVENTION OF CONTAMINATION.

(b) WE WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, INJURIES, ILLNESSES, CONTAMINATION EVENTS, SPOILAGE, DEGRADATION, BACTERIAL GROWTH, STORAGE FAILURES, FREEZER FAILURES, TRANSPORTATION FAILURES, LABELING ERRORS, HANDLING ERRORS, FEEDING ERRORS, OR OTHER ADVERSE EVENTS ARISING OUT OF OR RELATING TO THE COLLECTION, STORAGE, TRANSPORTATION, PREPARATION, OR USE OF BREAST MILK, REGARDLESS OF THE CAUSE OF SUCH EVENT. YOU ACKNOWLEDGE AND AGREE THAT (i) IMPROPER CLEANING OR MAINTENANCE OF THE PRODUCT OR ITS COMPONENTS, (ii) USE OF DAMAGED OR EXPIRED COMPONENTS OR REPLACEMENT PARTS, (iii) FAILURE TO MAINTAIN PROPER STORAGE CONDITIONS, AND (iv) FAILURE TO FOLLOW APPLICABLE INSTRUCTIONS, GUIDELINES, OR OTHER GUIDANCE MAY ADVERSELY AFFECT PRODUCT PERFORMANCE AND THE SAFETY OF BREAST MILK, AND THAT WE BEAR NO RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING THEREFROM.

(c) WE DO NOT ENDORSE, CERTIFY, APPROVE, SPONSOR, OR ASSUME ANY AFFILIATION WITH ANY THIRD-PARTY ACCESSORY OR ITS MANUFACTURER, DISTRIBUTOR, OR SELLER. ANY REFERENCE TO COMPATIBILITY WITH OUR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY US, NOR DOES IT CREATE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE THIRD-PARTY ACCESSORY’S FITNESS, SAFETY, QUALITY, OR PERFORMANCE. WE ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE DESIGN, MANUFACTURE, MARKETING, DISTRIBUTION, SALE, PERFORMANCE, SAFETY, OR QUALITY OF ANY THIRD-PARTY ACCESSORY. WE HAVE NO OBLIGATION TO INSPECT, TEST, EVALUATE, OR MONITOR ANY THIRD-PARTY ACCESSORY FOR COMPATIBILITY, SAFETY, OR COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, OR INDUSTRY STANDARDS. BY USING ANY THIRD-PARTY ACCESSORY IN CONNECTION WITH OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU ASSUME ALL RESPONSIBILITY FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM THE USE OF THIRD-PARTY ACCESSORIES, INCLUDING DAMAGE TO PRODUCTS, DAMAGE TO THE THIRD-PARTY ACCESSORY, DAMAGE TO OTHER PROPERTY, OR PERSONAL INJURY. THE USE OF ANY THIRD-PARTY ACCESSORY MAY VOID OR LIMIT THE WARRANTY APPLICABLE TO THE PRODUCT. WE RESERVE THE RIGHT TO DENY ANY WARRANTY CLAIM WHERE THE USE OF A THIRD-PARTY ACCESSORY HAS CAUSED OR CONTRIBUTED TO THE DAMAGE, DEFECT, OR MALFUNCTION AT ISSUE.

19. LIMITATIONS OF LIABILITY.

(a) IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE), FOR ANY: (i) LOSS OF PRODUCTION, WAGES, USE, BUSINESS OR PERSONAL GOODWILL, REVENUE, PROFIT, OR DIMINUTION IN VALUE, WHETHER COMMERCIAL OR PERSONAL IN NATURE; (ii) IMPAIRMENT, INABILITY TO USE, OR LOSS, INTERRUPTION, OR DELAY OF OUR SERVICES; (iii) BUSINESS OR PERSONAL INTERRUPTION, SYSTEM FAILURES, OR LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR PROPERTY, ASSETS, OR DATA (WHETHER BUSINESS OR PERSONAL), OR BREACH OF DATA OR SYSTEMS; (iv) DELAYED DELIVERIES, SHIPPING LOSSES, MISSED FEEDING SCHEDULES, REDUCED MILK SUPPLY, LOST BREAST MILK, SPOILED BREAST MILK, CONTAMINATED BREAST MILK, FEEDING DISRUPTIONS, EMOTIONAL DISTRESS, OR PERSONAL INCONVENIENCE; OR (v) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, WHETHER ARISING FROM BUSINESS OR PERSONAL USE OF OUR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS OR ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO: (i) YOUR OWN CONDUCT OR ANY THIRD PARTY’S CONDUCT IN CONNECTION WITH OUR SERVICES OR OTHERWISE; (ii) THE USE, MISUSE, OR INABILITY TO USE ANY THIRD-PARTY ACCESSORY; (iii) ANY DAMAGE TO OUR PRODUCTS CAUSED BY OR RESULTING FROM THE USE OF A THIRD-PARTY ACCESSORY; (iv) ANY DEFECT, FAILURE, MALFUNCTION, OR INCOMPATIBILITY OF ANY THIRD-PARTY ACCESSORY; OR (v) ANY REPRESENTATION, WARRANTY, OR CLAIM MADE BY A THIRD-PARTY ACCESSORY MANUFACTURER, DISTRIBUTOR, OR SELLER. WE WILL NOT BE LIABLE FOR DAMAGES ARISING FROM IMPROPER PRODUCT USE, FAILURE TO FOLLOW INSTRUCTIONS, UNAUTHORIZED MODIFICATIONS, USE OF THIRD-PARTY ACCESSORIES, PRODUCT MISUSE, CUSTOMER NEGLIGENCE, CUSTOMER HANDLING OF BREAST MILK, RELIANCE ON EDUCATIONAL MATERIALS, RELIANCE ON CONSULTATIONS, RELIANCE ON CUSTOMER SUPPORT COMMUNICATIONS, THIRD-PARTY ACTS OR OMISSIONS, INSURANCE COVERAGE DECISIONS, HEALTHCARE PROVIDER DECISIONS, OR EVENTS BEYOND OUR CONTROL.

(c) IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE), EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US UNDER THESE TERMS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY PRODUCTS OR SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(d) THE LIMITATIONS CONTAINED IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY, WARRANTY CLAIMS, MISREPRESENTATION CLAIMS, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(e) Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. To the extent that any of the foregoing is determined or held to be inapplicable or unenforceable by any court, Arbitrator (as defined below), arbitration panel, or other tribunal, the statute of limitations for the State of Florida, including Chapter 95 of the Florida Statutes, will apply to any such action, claim, dispute, or proceeding.

20. INDEMNIFICATION.

(a) You agree to indemnify, defend, and hold harmless us, our affiliates, subsidiaries, parent companies, licensors, service providers, business partners, and each of our and their respective officers, directors, members, managers, employees, consultants, contractors, agents, representatives, suppliers, successors, and assigns from and against any and all claims, demands, actions, lawsuits, proceedings, investigations, judgments, liabilities, damages, settlements, penalties, fines, losses, costs, and expenses (including reasonable attorneys’ fees, legal expenses, and the costs of enforcing this provision and of pursuing any insurance providers) arising out of or relating to: (i) your access to, use of, or misuse of our Services, in whole or in part, including any failure to follow instructions or use by a Minor; (ii) your breach or violation of these Terms, including any failure to comply with your obligations, covenants, representations, and warranties set forth in these Terms; (iii) your violation of any Laws or other legal requirement; (iv) any of Your Information or your User Content, including any use, disclosure, or storage thereof by us or on our behalf in accordance with these Terms and our Privacy Policy; (v) any claim that Your Information or your User Content infringes the intellectual property rights, privacy rights, publicity rights, contractual rights, or other rights of any third party; (vi) your submission of false, misleading, fraudulent, or inaccurate information; (vii) your improper storage, handling, transportation, preparation, or use of any products, including breast pumps or breast milk; (viii) your use of third-party accessories, products, or services in connection with our Services; (ix) your warranty claims or support requests; (x) the use of our Services by any other person using your Access Credentials; (xi) your negligent acts or omissions or willful misconduct; (xii) any dispute between you and a third party arising from your use of our Services or otherwise; or (xiii) use of a third party accessory.

(b) We reserve the right, at our own expense and upon notice to you, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with us in asserting any available defenses. We may, if necessary, participate in the defense of any claim or action subject to indemnification and any negotiations for its settlement or compromise. You may not settle any claim or action subject to indemnification without our prior written consent, and no settlement that may adversely affect our rights or obligations will be made without such consent.

21. OUR REMEDIES. You acknowledge that we may be irreparably harmed if these Terms are not specifically enforced and that monetary damages alone may constitute an inadequate remedy. Accordingly, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all other rights and remedies available at law or in equity, to seek injunctive relief restraining such breach or threatened breach, as well as a decree of specific performance of the provisions of these Terms, in each case without the necessity of demonstrating actual damages or posting any bond or other security. You further agree that, notwithstanding the Dispute Resolution – Arbitration Agreement set forth below, we may commence any action or proceeding seeking such injunctive relief in the courts of record of Broward County, Florida, or the United States District Court for the Southern District of Florida, Fort Lauderdale Division. You hereby consent to the personal jurisdiction of such courts, submit to the exclusive jurisdiction thereof, and irrevocably waive any objection to the laying of venue of any such action or proceeding in such courts.

22. DISPUTE RESOLUTION: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

(a) Arbitration Agreement. Please read this Section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. All disputes shall be resolved in the English language.

(b) Agreement to Binding Arbitration. Before initiating arbitration, you acknowledge and agree that you will first give us a reasonable opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including all relevant information or representations related to our Services and upon which you rely. You may seek to resolve any customer concerns through our support services at customercare@spectrababyusa.com. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and any subcontractor or third-party agent of us) will be resolved through binding and final arbitration and not in a court. This requirement to arbitrate disputes between us includes any dispute, claim, or controversy arising out of or relating to: (i) any part of these Terms, including the existence, breach, termination, enforcement, interpretation, or validity of these Terms; (ii) our Services or any products, purchases, warranty claims, customer support interactions, consultations, communications, privacy matters, marketing activities, or any relationship between you and us; or (iii) the design, development, license, sale, or use of artificial intelligence (“AI”), machine learning, large language model, or generative AI systems, tools, or products. Such dispute or disputes shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration. The place of arbitration shall be Broward County, Florida. The arbitration shall be before one arbitrator. You and we agree that the arbitrator (“Arbitrator”)—and not any federal, state, or local court or agency—shall have exclusive authority to resolve any disputes relating to any issue concerning the extent to which any dispute is subject to arbitration, including disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to the Arbitrator’s own jurisdiction, including objections with respect to the existence, scope, or validity of this Arbitration Agreement or the arbitrability of any claim or counterclaim, or whether these Terms are unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, or estoppel. For the avoidance of doubt, threshold or gateway issues relating to arbitration or arbitrability of any specific claim(s) shall be delegated to and resolved by the Arbitrator, without any need to refer such matters first to a court or other tribunal. By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to resolve any disputes or claims.

(c) No Class Action. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a private attorney general. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

(d) Rules and Governing Law. The arbitration shall be administered by the AAA in accordance with its rules applicable to the nature of the dispute at the time the arbitration is commenced. For disputes primarily of a business/commercial nature, the AAA Commercial Arbitration Rules shall apply; for disputes involving a consumer as defined by the AAA, the AAA Consumer Arbitration Rules shall apply. The version of the applicable AAA rules in effect when the arbitration is commenced will govern, except as modified by this Arbitration Agreement. If there is any conflict between the AAA rules and this Arbitration Agreement, this Arbitration Agreement will control. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that, to the extent there is a conflict between the FAA and state law, the FAA shall preempt all state laws to the fullest extent permitted by law. The arbitration shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions.

(e) Arbitrator’s Decision. The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator may take whatever interim measures the Arbitrator deems necessary, including injunctive relief and measures for the protection or conservation of property. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Along with the award of the Arbitrator, the Arbitrator shall issue a reasoned written opinion sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award rendered by the Arbitrator may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties. Judgment on any award rendered by the Arbitrator is final, binding, and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors, and assigns. Unless consented to in writing by both parties, all negotiations and the existence, content, and results of arbitration proceedings related to a dispute (including a settlement, award, and the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law. Notwithstanding the foregoing, each party may share information related to negotiations and arbitration proceedings with its accounting professionals and legal counsel.

(f) Venue For Claims Not Subject to Arbitration. In the event that the Arbitrator or a court determines that any particular claim or dispute that has arisen must be resolved by a court instead of through arbitration, such claim or dispute shall be resolved exclusively by a state or federal court located in Broward County, Florida. Under such circumstances, you and we will submit to the personal jurisdiction of the state or federal courts located within Broward County, Florida, for the purpose of litigating all such particular claims or disputes.

(g) Fees. The Arbitrator may, and to the extent required by applicable law shall, award to the prevailing party, as determined by the Arbitrator, its reasonable attorneys’ fees, expert fees, arbitration fees and expenses (including the Arbitrator’s fees), and other reasonable costs of suit. Initial payment of all filing, administration, and Arbitrator fees shall be governed by the AAA and, to the extent applicable, the AAA rules, without prejudice to the Arbitrator’s authority to reallocate such amounts in the final award. In addition to any prevailing party award, the Arbitrator may award fees and costs as a sanction if the Arbitrator determines that any claim or defense was frivolous, brought for an improper purpose, or pursued in bad faith. Federal Rule of Civil Procedure 68 is incorporated by reference and shall be applied and enforced by the Arbitrator to the fullest extent permitted by law; for purposes of Rule 68 as applied in the arbitration, the term “costs” shall include reasonable attorneys’ fees to the extent recoverable under these Terms or other applicable law. For purposes of this Section, “applicable law” includes these Terms to the extent it authorizes the recovery or shifting of fees or costs.

(h) Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed; and (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms and your relationship with us.

23. FORCE MAJEURE. We will be excused from performance of our obligations for any period and the time of performance will be extended as reasonably necessary under the circumstances, to the extent that we are prevented from performing, in whole or in part, our obligations under these Terms, as a result of acts of God, natural disasters, hurricanes, tropical storms, floods, fires, earthquakes, severe weather events, war, terrorism, riots, civil disturbance, pandemic, epidemic, health crisis, government order or lockdown, any governmental or regulatory authority, court order, embargoes, trade restrictions, customs delays, labor disputes, labor shortages, workforce interruptions, supply chain disruptions, manufacturing interruptions, material shortages, utility failures, internet outages, telecommunications failures, data center failures, cybersecurity incidents, cyberattacks, ransomware attacks, denial-of-service attacks, transportation disruptions, carrier failures, Third-Party Service malfunctions (such as interruption of Third-Party Services), failures or fluctuations in electrical power, heat, light, telecommunication equipment or lines, or any other equipment or network outside of our control, or any other cause beyond our control.

24. MISCELLANEOUS. You may not assign these Terms or any rights under these Terms without our prior written consent. Any purported assignment in violation of this Section is null and void. We may freely assign or transfer these Terms, in whole or in part, without restriction or notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. We may use affiliates, contractors, and other third parties to perform our obligations without creating any assignment or transfer of your rights. No delay or omission by us in exercising any right will constitute a waiver thereof, and no single waiver will be construed as a continuing waiver or waiver of any other provision. All rights and remedies under these Terms are cumulative and not exclusive of any other rights or remedies available at law or in equity. The headings in these Terms are for convenience only and do not affect their interpretation. If any provision is found by a court, Arbitrator, or tribunal of competent jurisdiction to be invalid or unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will continue in full force and effect. These Terms, together with any policies or terms incorporated by reference, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior communications, representations, or agreements, whether oral or written. No employee, agent, or representative has authority to modify these Terms except in a writing signed by an authorized officer of us. All provisions that by their nature should survive termination or expiration, including those relating to intellectual property, indemnification, limitation of liability, disclaimers, payment obligations, arbitration, governing law, and privacy, will survive. These Terms are binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns, and nothing in these Terms confers any rights on third parties, except as expressly set forth in these Terms. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and us.

25. INTERPRETATION OF THESE TERMS. For purposes of these Terms: (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa. These Terms will be construed without regard of any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text will prevail. All capitalized terms used in these Terms will have the meanings ascribed to them in these Terms, regardless of whether such terms appear in lowercase, uppercase, title case, all-capital letters, or any other typographical format. A defined term retains its defined meaning whether or not it is preceded or followed by possessive pronouns (e.g., “our,” “your,” or “the”), articles, or similar modifiers not included in the original definition. For example, references to “OUR SERVICES,” “the Services,” “SERVICES,” or “our Services” will each be construed as references to “Services” as defined in the introductory paragraph of these Terms. No inference will be drawn from the use of formatting, capitalization, boldface, underlining, or any other typographical convention to suggest that a term is intended to have a meaning different from its defined meaning.

26. OUR CONTACT INFORMATION. If you have any questions or need further information as to our Services, these Terms, or your account, please see our contact information below.

Corporate Headquarters

Spectra Baby USA
3430 Davie Road
Suite 306
Davie, Florida 33314
United States

Customer Care
Phone: 1-855-405-0993
Email: customercare@spectrababyusa.com

Warranty Department
Email: Warranty@spectrababyusa.com

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