Terms and Conditions

This mobile software application (the “Application”) download is licensed only on the condition that you agree to the terms and conditions set forth below. PLEASE READ THE TERMS OF THIS MOBILE SOFTWARE APPLICATION LICENSE AGREEMENT CAREFULLY. The APPLICATION that you are about to access was developed by Pumpkin Publishing INC, a Delaware limited liability company (“Company”) to provide a mobile application for download and use by consumers. This Mobile Software Application License Agreement (this “Agreement”) sets forth the terms under which you, an individual, or entity authorized by Company (collectively, “you”), (or, for entities, any employee you authorize to use the APPLICATION) may use the APPLICATION. Access to and use of the APPLICATION is by permission of Company only, and only for users who accept this Agreement. Company may grant or withhold approval in its sole discretion. If Company approves you for use of the APPLICATION, Company will issue a user identification (the “User ID”) and a password (the “Password”) that will authorize your access to the APPLICATION for the term of this Agreement. Based on the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and Company agree as follows:

1. NATURE OF AGREEMENT.

This Agreement is a legal contract made between you and Pumpkin Publishing INC. This Agreement contains the terms and conditions that you must comply with if you wish to access and use the APPLICATION.

2. PRIVACY POLICY.

Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

3. LICENSE GRANT.

Company may make certain software available to you from the APPLICATION. If you download the APPLICATION, the APPLICATION, including all files and images contained in or generated by the APPLICATION, and accompanying data are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company hereby grants to you a nonexclusive, non assignable, non sublicensable license, for your use only, for the term of this Agreement, to access and use the APPLICATION and any user’s guides, specifications, and other related documentation available online (the “Documentation”), subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon payment in full for the APPLICATION in advance of your download or receipt of the APPLICATION. The APPLICATION is intended for users who are at least 18 years old. Persons under the age of 18 must have the permission of their parent or guardian to use the Application. If you are under the age of 18 you must have your parent or guardian read and agree to these Terms of Use prior to your use.

4. OWNERSHIP OF APPLICATION.

Company retains all rights to the APPLICATION and the Documentation not specifically granted in this Agreement. Company owns the APPLICATION and the Documentation and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the APPLICATION, any updates or derivative works thereto, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. The APPLICATION and the Documentation are protected by United States laws and international treaty provisions. YOU MAY NOT USE, COPY, OR MODIFY THE APPLICATION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

5. RESTRICTIONS.

To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the APPLICATION; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the APPLICATION access to any third party; (c) make any copy of or otherwise reproduce the APPLICATION (or any of the browser screens comprising the APPLICATION user interface) except for those copies necessarily made by the mobile phone and Internet browser that are running the APPLICATION; or (d) disclose your User ID or Password to any third party.You agree to take all reasonable steps to safeguard your User ID and Password for the APPLICATION so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. You shall promptly report to Company any unauthorized use of the APPLICATION of which you become aware and shall take such further steps as may reasonably be requested by Company to prevent unauthorized use thereof.

6. TERM AND TERMINATION.

The license granted in this Agreement is effective until terminated. The term of this Agreement and the license grant herein shall commence on the date you agree to this Agreement and download the APPLICATION. You may terminate the license and this Agreement at any time. Company may terminate the license and this Agreement at any time on written notice to you that you or your agent has failed to pay any amount due to Company under this Agreement. This license shall also terminate automatically on your failure to comply with any of the other terms of this Agreement. On termination of this Agreement, you agree to promptly destroy all printed copies and delete all electronic copies of any documentation that you have downloaded, printed, or created relating to the APPLICATION, and to ensure that no copies of any of the APPLICATION screens, data, or other content remain archived or otherwise stored on your computers. Notwithstanding termination, the provisions of Sections 3, 6, 7, 8, 9, and 10 of this Agreement shall survive and continue to apply.

7. CONFIDENTIALITY.

You agree that you shall not disclose to any third party the APPLICATION or any portion thereof, any technical, product, or business information, or any information that Company identifies as confidential (collectively, “Confidential Information”) related to the APPLICATION without the prior written consent of Company. You shall maintain the confidentiality of all Confidential Information and shall not use it for any purpose other than the performance of this Agreement. Notwithstanding the foregoing, Confidential Information does not include information that you can demonstrate was (a) publicly available at the time of disclosure, or later became publicly available through no act or omission by you; (b) in your possession before disclosure by Company; or (c) disclosed to you by a third party not in violation of any obligations of confidentiality to Company or to any third party.

8. LIMITATION OF LIABILITY.

You are not entitled to receive damages from Company for any cause relating to this Agreement, to your use of the APPLICATION, to any services provided by Company under this Agreement, or to any services provided by any third party in connection with your use of the APPLICATION. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with Company or with the distribution, operation, development, or performance of the APPLICATION or any related products. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. PUMPKIN PUBLISHING INC WILL NOT BE LIABLE OR PARTICIPATE IN ANY LEGAL PROCEEDINGS? LITIGATION ASSOCIATED WITH THE APP OR DISPUTES RELATING TO ANY EVENT IN WHICH THE APPLICATION WAS USED

9. COPYRIGHT

All contents of the APPLICATION: Copyright © 2023 Company, _PUMPKIN PUBLISHING INC__. All rights reserved.

10. LIMITED WARRANTY AND DISCLAIMER.

Company hereby represents and warrants that the APPLICATION will, at the time you purchase the APPLICATION and for a period of 60 days thereafter, substantially conform to the Documentation in effect on the date of purchase of the APPLICATION when given normal, proper, and intended usage in compliance with Company’s instructions. In the event of a nonconformance during such period, you agree to promptly report such nonconformance along with all information required by Company. Company shall investigate any such reported nonconformance and shall use commercially reasonable efforts to remedy such nonconformance. If Company is unable to remedy such nonconformance within 90 days after the date Company has received all relevant information with respect to such nonconformance from you, your sole remedy under this Agreement is to return the APPLICATION, delete all copies and all Documentation from your systems, and receive a refund of the price you paid. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, COMPANY DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE APPLICATION AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE APPLICATION.

11. GOVERNING LAW.

This Agreement shall in all respects be governed by and be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

12. FORCE MAJEURE.

If the performance of Company under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of Company, then Company shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).

13. SEVERABILITY.

If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.

14. NO ASSIGNMENT.

You may not assign this Agreement or any of the rights granted by Company hereunder, in whole or in part, without the prior written consent of Company, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.

15. EXPORT CONTROL.

You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of APPLICATION.

16. ACKNOWLEDGEMENT AND EXCLUSIVITY.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMPANY, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE CHANGED, ALTERED, OR MODIFIED EXCEPT BY A WRITING SIGNED BY THE PARTIES.