1. Ownership and Use of the Site. We hope that you will browse the Site and find it useful. All contents of the Site, its “look and feel” and design elements, trademarks, service marks, logos, text, graphics, audio, images, charts, audio clips, videos, data and compilations (collectively, the “Pumpkin Content”) are the property of Pumpkin, its affiliates, related companies or its licensors or partners unless otherwise noted, and are legally protected without limitation, under U.S. federal and state, as well as applicable non-US laws, regulations and treaties. Unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes “Pumpkin Content.” Pumpkin reserves the right to alter or delete material from the Site at any time.
BY ACCESSING, VIEWING OR USING THE SITE YOU ACKNOWLEDGE THAT ANY UNAUTHORIZED USE OF PUMPKIN CONTENT BY YOU MAY VIOLATE COPYRIGHT, TRADEMARK, PRIVACY AND/OR PUBLICITY LAWS AS WELL AS COMMUNICATION REGULATIONS AND STATUTES. YOU AGREE THAT PUMPKIN WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OR MISUSE OF THE SITE.
2. Prohibited Site Access. Except as otherwise expressly permitted by Pumpkin, any other use of the Pumpkin Content or the Site is prohibited. Without limiting the generality of the foregoing, you may not sell, republish, license, redistribute, or otherwise use the Site except as allowed herein unless you have obtained Pumpkin’ express prior written consent. In addition, without Pumpkin’ express prior written consent, you may not, directly, indirectly, or through any program, device, software, routine, robot, spider, crawlers, or other automatic or manual process, interfere or attempt to interfere with the proper working of the Site; collect, scrape, or mine the contents of the Site; add any code or insert any hidden data or text to the Site; access or attempt to access any other areas of Pumpkin information systems or information contained thereon for any purpose; take any action that imposes an unreasonable or disproportionately large load on Pumpkin’ infrastructure; or mirror or redisplay the Site in its entirety or in part through framing or other techniques that show a portion of the Site or otherwise redisplay any Pumpkin trademark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Site. Pumpkin may, in its discretion, revoke all rights to access the Site.
3. Inappropriate Site Use. You are prohibited from using the Site in bad faith and in uploading, posting or otherwise transmitting any abusive, threatening, libelous, defamatory, offensive, objectionable, obscene, inflammatory, pornographic, fraudulent, deceptive, misleading, profane, or otherwise unlawful or inappropriate material, including but not limited to any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law, including the copyright, trademark or other intellectual property right of another.
4. No Endorsement of Linked Content. Certain links on the Site lead to resources located on servers that are not maintained or controlled by Pumpkin. We provide such links for our users’ convenience. Pumpkin is not responsible for the content of any such referenced web sites or for the availability of or access to such web sites. Inclusion on the Site of any link to another web site, or any reference to any product or service by trade name, trademark manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by Pumpkin. Pumpkin makes no warranties or representations of any kind as to the accuracy, currency or completeness of any information contained on such web sites. Access to other sites linked to the Site is at your own risk, and Pumpkin disclaims all liability with regard to your access to such linked sites, or arising from the content or information contained therein.
YOU AGREE THAT PUMPKIN WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY LINKED SITE.
8. Registration. You may be able to create a user account or otherwise register with the Site. If you choose to do so, you must provide us with accurate, current, and complete information, and you agree to be responsible for any conduct using your account and to maintain the security of any user name and password. You may not create accounts or submit Uploads (defined below) on behalf of anyone other than yourself.
9. Submissions (Including Your Uploads). If you (i) are at least 18 years of age and above the age of majority in the state in which you live, (ii) are an emancipated minor, or (iii) possess legal parental or guardian consent, you may choose to provide, make available to Pumpkin, or post on or upload to the Site, suggestions, comments, ideas, improvements, information, personal or other data, text, images, and other works of authorship (collectively, “Uploads”). Please note that if you are under 13, you are not permitted to provide any personal information via the Site including, but not limited to, Uploads.
If you provide Uploads, you grant to Pumpkin and Pumpkin’ affiliates, representatives, employees, and assigns an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, non-exclusive license (sublicensable through multiple tiers, and to third parties including to other users of the Site) to reproduce, publicly display, archive, distribute, adapt, modify, publish, edit, translate, prepare derivative works of and otherwise use your Uploads, in whole or in part, (including your name, likeness, age and gender) in any media now or hereafter known in any manner and for any purpose, including but not limited to, publication on the Site and any associated print or digital promotional materials related thereto, any other marketing and promotional materials and for the development of products or services. You agree that you are solely responsible for all your communications, materials and suggestions you transmit to, or post on, the Site.
You represent and warrant that: (a) you are above the age of majority in the state in which you live, an emancipated minor, or possess legal parental or guardian consent; (b) you own all rights in your Uploads or, alternatively, you have acquired all necessary rights in your Uploads to enable you to grant to Pumpkin the rights in your Uploads described herein; (c) your Uploads do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party; (e) your Uploads are lawful; (e) your Uploads are not harmful, such as virus, malware, or spam; (f) your Uploads are not disparaging, defamatory, or libelous of Pumpkin or any third party; (g) you will not seek the return of your Uploads; and (g) you will not assert any claims against Pumpkin or its affiliates, representatives, employees, or assigns in connection with your Uploads.
Pumpkin and its affiliates, representatives, employees, and assigns shall be free to use any ideas, concepts, know-how or techniques contained in your Uploads, for any purpose whatsoever, without time or territorial limitations, without your consent or compensation to you, including but not limited to, developing, manufacturing and marketing products, and you will gain no right, title or interest (including no joint ownership in the Site or any other materials) by virtue of doing so. As a further condition of providing Uploads you (and any other individual depicted therein) unconditionally and irrevocably waive all claims to compensation for use of the Uploads by Pumpkin and its affiliates, and their respective representatives, employees, or assigns and/or any right with respect to such use you may have under copyright law, the right of publicity, the right of privacy, the law of defamation and/or any other common law or statutory claims under the laws of any jurisdiction. You hereby waive any moral rights you may have in the Uploads, for all uses of the Uploads, throughout the world.
Pumpkin reserves the right to cooperate fully with any law enforcement authorities requesting or directing Pumpkin to disclose the identity of anyone posting an upload or other information or materials.
11. Monitoring of the Site. Pumpkin may, from time to time, monitor, review, block or remove Uploads; however, Pumpkin is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any Uploads. Users shall be solely responsible and liable for any Uploads, any activity or transactions that occur under their name or account, and any infringement of copyright, trademarks, or other rights. Pumpkin is not required to host, display, or distribute any Uploads, and may, in its sole discretion, remove at any time or refuse any Uploads for any reason. Pumpkin is not responsible for any loss, theft or damage of any kind to any Uploads.
12. Copyright Infringement Notification. Pumpkin respects the intellectual property of others, and we ask that you and all of our Site users do the same. If you believe that your copyrighted work is accessible on the Site in a way that constitutes copyright infringement, please contact us at [email protected].
13. Site May Not Always Be Available or Accessible. Pumpkin does not guarantee that the Site will be operating or accessible at any given time. You should expect that the Site will periodically be taken off-line for maintenance, content and design updates, and other alterations that may make it unavailable. Pumpkin does not represent or warrant that the Site is compatible with your hardware or software applications or browsers.
14. LIMITATIONS ON LIABILITY. Your use of the Site is at your own risk. Pumpkin uses reasonable efforts to include accurate and up to date information in the Site; however, since information changes so quickly, Pumpkin is unable to make any warranties or representations as to its accuracy.
PUMPKIN ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.
In no event shall Pumpkin or any other party involved in creating, producing or delivering the Site be liable FOR ANYTHING arising out of your access to, use of or inability to access or use, the Site INCLUDING, BUT NOT LIMITED TO, any damages, including, without limitation, direct, incidental, consequential, indirect, special or punitive damages, or damages resulting from lost profits, lost data or business interruption. In no event shall Pumpkin’ maximum aggregate liability for action arising out of or connected to the site exceed ONE HUNDRED US dollars ($100.00).
These limitations include but are not limited damages to or viruses that may infect your computer equipment. Pumpkin does not guarantee or warrant that files that may be available for download from the Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, everything on the Site is provided to you ‘AS IS’ without REPRESENTATIONS, warranties, OR COVENANTS of any kind, either express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose or use, non-infringement of the Site’s contents.
Any claim and action arising out of or in any way connected with the Site must be brought within one (1) year after such cause of action arose.
You acknowledge and agree that by using the internet to use the Site, you may incur charges from your wireless carrier, internet service provider or other method of internet access, depending upon your contract or plan with your provider. You acknowledge that payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider or other method of internet access.
Some jurisdictions may not allow THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER ITEMS, AND SO some of the above exclusions may not apply to you.
15. Medical Information. The Site may contain information relating to various medical conditions and their treatment. This information is provided for general information only and does not constitute advice. Pumpkin does not provide, and is not intending to provide or providing medical advice, treatment or judgment. The content of the Site is not meant to be a substitute to the clinical judgment of your veterinary surgeon or the clinical examination of an animal.
16. Void Where Prohibited. Use of any portion of the Site is void where prohibited by law. Although the information on the Site is accessible worldwide, not all products or services that may be discussed in or on the Site are available to all persons or in all geographic locations or jurisdictions. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Pumpkin reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. You may not access the Site if you are a national or resident of any country to which the United States has embargoed goods, or if you or your affiliates are on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders. Any offer for any product or service made in the materials on the Site is void where prohibited.
20. Consent to Data Processing in the US and Other Countries. Pumpkin is a global company and the databases in which your personal information shall be stored may be located in the United States and other countries which may not guarantee the same level of protection for personal information as the one in which you reside. By using the Site, you consent to any transfer, processing or storing of personal information outside your country of residence.
21. Dispute Resolution. Any legal action or proceeding related to the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey.
23. Contact us. If you have any questions concerning these terms, please contact the General Counsel’s Office at:
Pumpkin Insurance Services
251 W 30th
New York, NY 10001