Customer Service Agreement

Pumping for Lactation Professionals Course

This Service Agreement (the “Agreement”) is entered into date of course purchase (the “Effective Date”) by and between the “Customer” and New Little Life LLC (the “Service Provider”), also individually referred to as the “Party”, and collectively the “Parties”.

 

The Service Provider shall provide access to the Pumping for Lactation Professionals Course(s) including individual modules on:

    1. Breast Pump Science
    2. Flange Sizing
    3. Pumping Practices

 

  1. Compensation. The Customer agrees to pay the Service Provider the specified amount as payment for the material provided.

  2. Refunds. There is a strict NO REFUND policy due to the digital nature of the materials.
  3.  Confidentiality.
    1. Definition of Confidential Information For purposes of this Agreement, "Confidential Information" shall include any information, material, data, or know-how, including trade secrets and proprietary information, that is not generally known to the public and that is disclosed, either written or orally, to be or appears to a reasonable person to be proprietary or confidential. If Confidential Information is in written form, Disclosing Party shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, Disclosing Party shall promptly provide notice in writing indicating that such oral communication constituted Confidential Information.
    2. Sharing, duplicating, or other forms of distribution of course materials and resources is STRICTLY PROHIBITED. 
    3. Exclusions from Confidential Information Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Receiving Party; (b) discovered or created by Receiving Party before disclosure by Disclosing Party; (c) learned by Receiving Party through legitimate means other than from Disclosing Party or Disclosing Party's representatives; (d) is disclosed by Receiving Party with Disclosing Party's prior written approval; or (e) is disclosed as required or ordered by a court, administrative agency, or other governmental body.
    4. Obligations of Receiving Party Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Upon written request by Disclosing Party, Receiving Party shall immediately return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information.
    5. Rights in Confidential Information Disclosing Party shall hold and maintain all rights, title, and interest in and to any Confidential Information. This Agreement and the disclosure of any Confidential Information by Disclosing Party to Receiving Party shall not be construed as granting Receiving Party any rights, title, or interest in the Confidential Information, including any rights in copyright, trademark, patent, or any other intellectual property right.

  4. Term. The term of the course access shall commence on the Purchase Date, as stated above, and continue for the lifetime of the course(s) unless otherwise terminated per the terms of this Agreement.

  5. Dispute Resolution.

    1. Choice of Law. The Parties agree that this Agreement shall be governed by the State and/or Country in which the duties of this Agreement are expected to take place. In the event that the duties of this Agreement are to take place in multiple States and/or Countries, this Agreement shall be governed by Idaho law.

    2. Negotiation. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.

    3. Mediation or Binding Arbitration. In the event that a dispute cannot be resolved through good faith negotiation, the Parties agree to submit to binding mediation or arbitration.

    4. Attorney’s Fees. In the event of Arbitration and/or Mediation, the prevailing Party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.

General.

  1. Assignment.  The Parties may not assign their rights and/or obligations under this Agreement.
  2. Complete Contract.  This Agreement constitutes the Parties entire understanding of their rights and obligations.  This Agreement supersedes any other written or verbal communications between the Parties.  Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
  3. Severability.  If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of this Agreement will still be enforceable.
  4. Waiver.  Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing.   If any provision, right, or obligation is waived, it is only waived to the extent agreed to in writing.

  1. Notices.

    All notices under this Agreement must be sent by email to the email address used to register for the course. 

The Parties agree to the terms and conditions set forth above as demonstrated by their acknowledgment at payment checkout.