Terms of Service

Overview

Welcome to Painless Pumps. The terms “we,” “us,” and “our” refer to Performancx LLC DBA Painless Pumps, also referred to as Painless Pumps, PPW, or Painless Pumps West. Painless Pumps operates this website and online store, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with access to our products and Services.

Painless Pumps is powered by Shopify, which enables us to provide the Services to you. These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you visit, interact with, purchase from, or otherwise use our website or Services.

Please read these Terms carefully. They include important information about your legal rights and cover areas such as product disclaimers, warranty disclaimers, limitations of liability, shipping terms, order terms, and acceptable use.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service, our Privacy Policy, as well as our other policies. If you do not agree to these policies, you should not use or access the Services.

Age Requirement and Product Use Disclaimer

You must be at least 18 years old, or the age of majority in your state, province, or jurisdiction of residence, to use this website or place an order.

By accessing this website, reviewing product information, or placing an order, you acknowledge and agree that Painless Pumps products are topical solutions intended only for their stated topical use. Painless Pumps products are not FDA approved and are not intended to diagnose, treat, cure, or prevent any disease.

Painless Pumps is not responsible for any use of a product in a manner other than its intended topical application. You assume full responsibility for reading and following all product information, warnings, directions, and applicable laws before purchasing or using any product.

Painless Pumps does not accept liability for any problems, reactions, injuries, damages, or losses that may occur while applying a product, using a product, or using a product in any manner other than its intended topical use.

Access, Account, and Customer Information

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your name, email address, billing information, payment information, shipping address, and other order-related details.

You represent and warrant that all information you provide is accurate, current, complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs through your account. You may not transfer, sell, assign, or license your account to any other person.

Products, Descriptions, and Availability

We make every effort to provide accurate descriptions and representations of our products and Services. However, product appearance, packaging, colors, images, or other details may appear differently on your device due to screen settings, device type, lighting, or display configuration.

We do not warrant that the appearance, quality, packaging, or performance of any product or Service purchased by you will meet your expectations or be identical to the way it appears online.

All product descriptions, product information, pricing, promotions, and availability are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products or Services that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Orders

When you place an order, you are making an offer to purchase. Painless Pumps reserves the right to accept, decline, change, cancel, or limit any order for any reason at our sole discretion.

Your order is not accepted until Painless Pumps confirms acceptance and processes your payment. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted or processed.

If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return, replacement, or exchange only in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, unauthorized distribution, or export.

Prices, Promotions, and Billing

Prices, discounts, promotions, and product availability are subject to change without notice. The price charged for a product or Service will be the price in effect at the time your order is placed and will be listed in your order confirmation.

Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, duties, import fees, or other applicable charges.

We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will govern for that specific promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your information, including your email address, credit card information, billing address, and shipping address, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

1. The payment information you provide is true, correct, and complete;

2. You are authorized to use the payment method provided;

3. Charges incurred by you will be honored by your payment provider; and

4. You will pay all charges incurred by you at the posted prices, including shipping, handling, taxes, customs fees, duties, and any other applicable charges.

All payments should be made payable to Performancx LLC, unless otherwise directed through our online checkout or payment processor.

Intellectual Property and Copyright

All content appearing on this website, including but not limited to text, images, graphics, logos, product names, trademarks, designs, slogans, videos, audio, reviews, page layouts, and other materials, is the property of Painless Pumps, Performancx LLC, its affiliates, licensors, or applicable third parties, and is protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

Copyright © 2023 Performancx LLC DBA Painless Pumps. All rights reserved.

These Terms permit you to use the Services for your personal, non-commercial use only. You may view, copy, print, and distribute documents from this website only if the document is used for informational purposes only and any copy of the document or portion of the document includes the applicable copyright notice.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, copy, sell, resell, or exploit any portion of the Services or website content without our prior written consent.

Nothing in these Terms grants or should be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Painless Pumps, Performancx LLC, Shopify, or any third party. All rights not expressly granted are reserved.

Painless Pumps’ names, logos, product names, service names, designs, and slogans are trademarks of Painless Pumps, Performancx LLC, its affiliates, or licensors. You may not use these marks without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

Use of Site and Prohibited Uses

You may access and use the Services for lawful purposes only. You agree not to use the Services, directly or indirectly:

1. For any unlawful, fraudulent, harmful, or malicious purpose;

2. To violate any international, federal, state, provincial, territorial, or local law, rule, regulation, or ordinance;

3. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or harm any person;

5. To submit, transmit, or rely on false, inaccurate, or misleading information;

6. To upload, transmit, or distribute viruses, malware, malicious code, or any material that may affect the functionality or operation of the Services;

7. To spam, phish, pharm, pretext, scrape, crawl, or collect personal information of others;

8. To impersonate any person or entity or mislead us or third parties about the origin of any communication;

9. To interfere with, bypass, circumvent, or attempt to defeat the security features, access restrictions, robot exclusion headers, or other protective measures used by the Services;

10. To reproduce, duplicate, copy, sell, resell, extract, or exploit any portion of the Services without authorization; or

11. To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Painless Pumps, Shopify, our users, or expose them to liability.

We reserve the right to refuse service, terminate accounts, suspend access, cancel orders, or otherwise limit use of the Services at our sole discretion, including if we believe customer conduct violates applicable law, these Terms, or is harmful to the interests of Painless Pumps, Shopify, our affiliates, or other users.

Optional Tools

We may provide access to customer tools offered by third parties as part of the Services. We do not monitor, control, or have input over these third-party tools.

You acknowledge and agree that access to such tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsement of any kind. We have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms on which such tools are provided by the relevant third-party provider.

We may also offer new features, tools, or resources through the Services in the future. Such features will also be deemed part of the Services and subject to these Terms.

Third-Party Links and Materials

The Services may contain links, materials, tools, embedded functionality, advertisements, or references to websites, products, services, or content provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, products, services, or practices of any third-party materials or websites. If you choose to access third-party websites or materials, you do so at your own risk.

We are not liable for any harm, loss, damage, or claims related to your access to third-party websites or your purchase or use of any third-party products, services, resources, or content.

The descriptions of and references to third-party products, services, companies, or websites are the responsibility of the parties providing that information and do not imply endorsement by Painless Pumps. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

Relationship with Shopify

Painless Pumps is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Painless Pumps.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale or transaction between you and Painless Pumps, including any injury, damage, loss, claim, or liability resulting from purchased products or Services.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases, transactions, or interactions with Painless Pumps.

Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [LINK].

Certain personal information may also be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other third-party service providers, which may be located in countries other than where you reside, in order to provide Services to you. Please review our Privacy Policy for more information about how we, Shopify, and our partners collect, use, process, and share personal information.

By using the Services, you acknowledge that you have read and understand these privacy policies.

Feedback, Reviews, and Submissions

If you submit, upload, post, email, review, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, testimonials, images, or other content to us, collectively referred to as “Feedback,” you grant Painless Pumps a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that:

1. You own or have all necessary rights to submit the Feedback;

2. You have disclosed any compensation, incentive, discount, or benefit received in connection with the Feedback;

3. Your Feedback is accurate and not misleading;

4. Your Feedback does not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights; and

5. Your Feedback does not contain unlawful, abusive, defamatory, obscene, malicious, or harmful material, including viruses or malware.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, misleading, abusive, harmful, or otherwise objectionable, or that violates intellectual property rights or these Terms.

You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

Errors, Inaccuracies, and Omissions

Information on or through the Services may contain typographical errors, inaccuracies, technical inaccuracies, omissions, unauthorized additions, deletions, alterations, or other errors. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, product availability, product information, or other content.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information in the Services is inaccurate at any time without prior notice, including after you have submitted your order.

Although we attempt to ensure the integrity and accuracy of the Services, we make no guarantees regarding the correctness, completeness, accuracy, or reliability of the website, product information, or related materials. Before relying on any information presented through the Services, you should independently confirm that the information is accurate and applicable to your circumstances.

Agents, Automated Access, and Scraping

This section applies if you use, allow, enable, or cause the deployment of any automated tool, bot, crawler, scraper, artificial intelligence tool, software, or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, collectively referred to as an “Agent.”

No Agent may access, use, scrape, copy, extract, interact with, or otherwise use the Services unless it clearly identifies itself and operates in strict compliance with these Terms and any technical measures we implement.

Agents must not conceal or obscure their automated nature, mimic human behavior to bypass restrictions, complete or circumvent CAPTCHAs or similar protections, or avoid any measure intended to block, limit, modify, or control access to the Services.

We may restrict, block, or limit whether and how any Agent accesses, uses, or interacts with the Services at any time.

Termination

We may terminate this agreement or your access to the Services, or any part of the Services, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Disclaimer of Warranties

The information and content presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, quality, adequacy, usefulness, suitability, functionality, or reliability of any information, content, product descriptions, materials, or Services.

Any reliance you place on information presented through the Services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any visitor to the Services, or anyone who may be informed of the content.

Except as expressly stated by Painless Pumps, the Services, website, content, products, materials, tools, and all products offered through the Services are provided “as is” and “as available,” without warranties, representations, or conditions of any kind, either express or implied.

To the fullest extent permitted by law, Painless Pumps specifically disclaims all warranties, express or implied, including but not limited to warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, suitability, functionality, completeness, accuracy, and uninterrupted, timely, secure, or error-free operation.

Any warranty provided in connection with a third-party product or service is provided by the applicable third party, advertiser, manufacturer, or service provider only, and not by Painless Pumps.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, in no case shall Painless Pumps, Performancx LLC, Shopify, or any of our or their partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or suppliers be liable for any injury, loss, claim, damage, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, personal injury, product-related claims, damages arising from product use or misuse, shipping delays, customs issues, website errors, service interruptions, or any similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.

This limitation applies to claims arising from or related to:

1. Your use of or inability to use the Services;

2. Your purchase, application, use, or misuse of any product;

3. Any product procured through the Services;

4. Errors, inaccuracies, or omissions in any content;

5. Any loss or damage incurred as a result of the use of the Services or any content or product made available through the Services;

6. Unauthorized additions, deletions, or alterations made by third parties;

7. Third-party tools, links, materials, or services; or

8. Any other claim related in any way to your use of the Services or any product.

This limitation applies even if Painless Pumps has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Painless Pumps, Performancx LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from and against any losses, damages, liabilities, claims, demands, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. Your breach of these Terms of Service or any documents incorporated by reference;

2. Your violation of any law, regulation, rule, ordinance, or third-party right;

3. Your access to or use of the Services;

4. Your purchase, application, use, misuse, resale, export, or distribution of any product;

5. Any information, Feedback, or content you submit; or

6. Any activity conducted through your account.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld. You agree to cooperate in the defense of indemnified claims, including by providing relevant documents and information.

Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and the determination shall not affect the validity or enforceability of any remaining provisions.

Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or in respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Assignment

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Governing Law

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the jurisdiction where Painless Pumps is headquartered, without regard to conflict of law principles.

You and Painless Pumps consent to venue and personal jurisdiction in the federal and state courts located in the jurisdiction where Painless Pumps is headquartered.

Headings

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

We will notify you of material changes to these Terms where required by applicable law. Changes will be effective on the date specified in the notice or, if no date is specified, when posted to the website.

Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Contact Information

Questions about these Terms of Service should be sent to us at:

Performancx LLC DBA Painless Pumps
2220 Saint George Lane, Suite 4
Chico, CA 95926
Email: info@ppwxtreme.com
Phone: (530) 815-1587

Registered in the State of California, File No. 202134010226