The following terms and conditions of use (“Terms and Conditions”) apply to all visitors to or users of the website located at http://www.pumpkincars.com (the “Site”).
By visiting the Site, you accept without limitation or qualification these Terms and Conditions. If you do not agree to these Terms and Conditions, then you should not use this Site.
Pumpkin LLC (“we” or “Dealer”) reserves the right to change these Terms and Conditions from time to time at its sole discretion. All revisions will be posted on this web page. You are bound by any such revisions and should therefore periodically visit this page to review the current rules and regulations. We reserve the right to suspend or terminate your access to the Site without notice, as well as seek all remedies available by law for such violations if you violate these Terms and Conditions. These Terms and Conditions apply each time you use this Site.
1. Limited License
All material contained on this Site, including, but not limited to, text, graphics, designs, and programming, is the copyrighted property of Dealer. Except as specifically permitted herein, no portion of the information on this site may be reproduced in any form, or by any means, without prior written permission from us. Subject to and without waiving the foregoing, we hereby authorize you to download or print a copy of the materials published by us on this Site solely for your personal, non-commercial use. No other use of the information is authorized. You are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this Site for any public or commercial purposes.
Everything you download, the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by us. In consideration of this authorization, you agree that any copy of these materials you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Dealer or any third party. Any unauthorized use by you of the Site terminates the limited license without prejudice to any other remedy provided by applicable law of these terms and conditions.
2. Products and Availability
The prices shown may not include extra costs, including, but not limited to, taxes, title and registration fees, documentation fees and options. Product illustrations and specifications, including, but not limited to, models, pricing, incentive programs, equipment, colors, materials and services shown on the Site are based upon current information at the time of posting and may not be available to you. Although we have made every effort to display our products accurately on the Site, we assume no responsibility for the accuracy of any color, finish or trim in any image you see on screen. For specific pricing, product availability, product specifications and program information, please contact us at
. We reserve the right, without prior notice, to discontinue or change the products and services offered on the Site.
3. General Disclaimer
Although we have attempted to provide accurate information on the Site, we assume no responsibility for the accuracy of the information posted. We may change any information contained on the Site, including, but not limited to, incentive programs, models, services and/or prices offered, at any time without notice. Mention of non-Dealer products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, ANY DEALER PRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM THE SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Dealer or other third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Site without the written permission of Dealer or such third party that may own the Mark displayed on the Site. Your misuse of the Marks displayed on the Site or any other content on the Site, except as provided herein, is strictly prohibited. You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. Communications Transmitted to the Site
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments or suggestions, or the like (“Submissions”), is and will be treated as non-confidential and non-proprietary. We may use any Submission or any idea, concept, know-how, or techniques contained in any Submission at any time and for any purpose. Submissions to the Site do not necessarily reflect the views of Dealer, and Dealer is not responsible for the views or opinions expressed by third parties.
You may not submit any Submission that is profane, obscene, a personal attack on other individuals, slanderous, defamatory, pornographic, threatening, harassing or that contains any other information that we deem to be inappropriate for this Site or that in any other way violates these terms and conditions of use, as well as any applicable law (“Inappropriate Submission”). You also may not transmit any Submission that is intended to promote and/or generate revenue for any third party business activity. We reserve the right, but has no obligation, to: (i) review Submissions for accuracy or otherwise; (ii) edit, delete or refuse to post any Inappropriate Submission; (iii) monitor and/or filter all Submissions; and/or (iv) disclose any Submission to any party for any reason or purpose, including, but not limited to, third parties to operate the Site and to comply with legal obligations or governmental requests. We have no control over, and shall have no liability for any damages resulting from, the use or misuse of any Submission by any third party.
6. Images of People and Places
Images of people or places displayed on the Site, if any, are either the property of or used with permission by Dealer. The use of these images by you or anyone else authorized by you, is prohibited unless specifically permitted by us. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
7. Links to Third Party Sites
This Site may contain links to sites that are not controlled by us. If you access any third party Internet site linked to this Site, you do so at your own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on third party sites. You should review the terms and conditions of use and privacy policies of all third party web pages and other websites that you visit.
You agree to defend, indemnify and hold us, and all of our officers, directors, owners, agents, employees, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) harmless for and against any loss, damages or costs, including reasonable attorney’s fees, resulting from any third party claim, action or demands resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
9. Compliance with Applicable Laws; Export Control Laws
All information contained on this Site is intended for the United States market. This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. You may not download or export any software or certain technical data from this Site (i) into (or to a national or resident of) any country to which the United States has embargoed goods, including, but not limited to, Cuba, North Korea, Iran, Syria and Sudan, or (ii) to anyone on the United States Treasury Department’s Department's list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any software or technical data, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.
10. Governing Law
These rules and regulations shall be construed in accordance with the laws of the Commonwealth of Massachusetts, except that the federal laws of the United States shall govern all issues of copyright and trademark law. Notwithstanding the foregoing, no choice of law doctrine shall be used to apply the laws of any other jurisdiction.
If any provision of these terms and conditions of use shall be held unlawful, void or unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions.
12. Contact Us
If you have any questions, comments or concerns about our website or these terms and conditions of use, you may contact us at:
3084 English Creek Ave.
Egg Harbor Township, NJ 08234
13. Effective Date
This Terms and Conditions of Use Statement is effective and was last updated on 03/28/2012
Copyright © 2013 Pumpkin LLC. All rights reserved.