Restful Pump, Inc.
Product Evaluation Terms and Conditions
These are the Product Evaluation Terms and Conditions (“Evaluation Terms”) of Restful Pump, Inc. (“Restful Pump,” “we,” “us,” and “our”) governing product evaluation programs Restful Pump sponsors from time to time (“Evaluation Program”) for the purpose of enabling lactating women to evaluate, and provide feedback regarding, Restful Pump’s lactation chair(s), known as the Restful PumpTM Chair(s), as well as Restful Pump’s Stand Alone Table(s) and other related products developed or in-development by Restful Pump (“Products”). Women who participate in an Evaluation Program are hereinafter referred to as “Participants”.
Please carefully review these Evaluation Terms. By clicking “I ACCEPT THE EVALUATION TERMS” on the website or otherwise participating in the Evaluation Program, you acknowledge that you accept these Evaluation Terms. If you do not accept these Evaluation Terms, you may not participate in an Evaluation Program.
These Evaluation Terms explain (i) how an Evaluation Program will be conducted, (ii) terms and conditions relating to your participation in an Evaluation Program, (iii) what information, including Personal Information (as defined below), we or our third-party agents might collect in connection with an Evaluation Program, and (iv) how we or our third-party agents will use that information.
How will an Evaluation Program be Conducted?
- Participants will sign up to participate in an Evaluation Program through a link on RestfulPump.com and be directed to leave an email address where the Engineering Team will contact the participant for scheduling a 1-hour appointment to evaluate the Products (an “Evaluation”) at 150 Chestnut Street, Unit F, Providence RI, 02903. (the “Evaluation Facility”).
- Participants must arrive and sign in at the Evaluation Facility 15 minutes before their appointment is scheduled or else their appointment may be forfeited.
- During an Evaluation, this is what Participants can expect:
- Participants will bring their own breast pump and accessories.
- Participants will bring a cover up or privacy cover to use while breast pumping if they choose.
- Participant will be greeted by a project moderator and walked into a private room.
- Participant will be briefed on the project and be asked to independently adjust the product to their comfort.
- Participant must sit in one of several positions using their breast pump for at least 20 minutes.
- If the participant is choosing to multitask, they must remove the headrest, however they will also be asked to independently adjust and use the headrest at some point in the testing session. (The headrest must remain on for use of the unit in the more forward leaning position.)
- Participant must also sit in a second product positioning for at least 10 minutes, choosing to use their breast pump or not, if more pumping is required.
- A team member from the engineering team will sit back-to-back to the participant asking questions during the session.
- A moderator will collect data and during the session.
- The participant may be videoed during the session for precise recall of the outcomes for proficiency, product understanding and usage from the participant and accuracy of details.
- Your Privacy: We respect your right to privacy. We will not sell your personally identifiable information to, or otherwise share it with, any third parties without your prior written consent. We ask that you only share information, feedback, and other materials (such as photos) with us directly, that we explicitly ask you for and that you would be comfortable sharing publicly. While we do not intend to share or disclose your information publicly, unless agreed upon, we cannot guarantee that the platforms through which you share will be entirely secure and confidential.
What are the Terms and Conditions Relating to my Participation in an Evaluation Program?
U.S. Participants Only
Only U.S. residents are authorized to participate in an Evaluation Program.
As described above, as part of the Evaluation Program, Participants are required to provide feedback to Restful Pump regarding the Products. All feedback, comments, suggestions, recommendations or the like provided by Participants, whether provided orally, electronically or in writing, relating to the Products, including suggestions regarding design or functionality improvements or new features (“Feedback”), shall be exclusively owned by Restful Pump. Subject to these Evaluation Terms, Restful Pump is free to use such Feedback in any manner without any attribution or compensation to any person, including Participants. The Participant, by agreeing to these Evaluation Terms, hereby assigns to Restful Pump all right, title, and interest in the Feedback and in any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, in all respects. Notwithstanding the foregoing, Restful Pump is not required to use the Feedback.
As between Restful Pump and the Participants, Restful Pump owns all right, title, and interest, including all intellectual property rights, in the Products and the Feedback.
BY AGREEING TO THESE TERMS, PARTICIPANT CONFIRMS PARTICIPANT’S UNDERSTANDING THAT THIS EVALUATION PROGRAM IS AN EVALUATION OF NEW PRODUCT DESIGNS AND/OR FIRST-TO-MARKET PRODUCTS THAT MAY NOT HAVE BEEN TESTED BY OTHER HUMANS. PARTICIPANT ASSUMES ALL RISK IN PARTICIPANTING IN THE EVALUATION PROGRAM, INCLUDING RISK OF BODILY HARM OR DEATH, AND RESTFUL PUMP DISCLAIMS ALL LIABILITY TO PARTICIPANT OR ANY OTHER PERSON ARISING FROM PARTICIPANT’S PARTICIPANTION IN THE EVALUATION.
THE PRODUCTS ARE PROVIDED “AS IS” AND RESTFUL PUMP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, RELATING TO THE PRODUCTS OR ANY EVALUATION PROGRAM. RESTFUL PUMP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RESTFUL PUMP MAKES NO WARRANTY OF ANY KIND THAT ANY PRODUCTS WILL BE FREE FROM DESIGN OR MANUFACTURING DEFECTS.
These Evaluation Terms are governed by and construed in accordance with the laws of the State of Rhode Island without giving effect to any choice or conflict of law provision.
What is Personal Information?
“Personal Information” means any information that uniquely identifies an identified or identifiable natural person, such as first and last name, address, email address, and other types of contact information. An identifiable natural person is a person who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.
What Personal Information Do We Collect in connection with an Evaluation Program and How Do We Collect It?
When (i) accessing or interacting with our Website, (ii) signing up to participate in an Evaluation Program (whether through our Website, email or a third-party provider’s website) and (iii) participating in an Evaluation Program, you may be asked to provide us with certain Personal Information. For example, when signing up to participate in an Evaluation Program, you may be asked to provide your contact information (e.g., name, phone number, email address, zip or postal code, etc.).
In addition, when providing Feedback, your Feedback may include sensitive health information or other Personal Information. Restful Pump intends to provide Feedback (i) to third-party engineering and/or manufacturing firms (“Third-Party Design Firms”) who will use Feedback to improve the design, user experience and other features of the Products and (ii) to certain other third-party advisors, including legal advisors, who are assisting Restful Pump with its business, product development and commercialization efforts (the “Purpose”). From time to time, Restful Pump may also engage Third-Party Design Firms and other third-party partners and/or service providers (collectively, “Service Providers”) to run or host all or a portion of an Evaluation Program on Restful Pump’s behalf and to collect Feedback directly from Participants. In such instances, such Service Providers will possess or have access to Feedback and Personal Information, including without limitation, Participants’ names and email addresses.
How to Contact Us
If you have any questions, comments, or notices regarding these Evaluation Terms, you may contact us by emailing us at firstname.lastname@example.org.
Version 1: Effective December 8, 2023