Terms and Conditions
Last modified: Mar 7, 2013
Welcome to Americanpumpkins.com
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are customers, sellers, users, contributors of content, information and other materials or services on the Site.
Americanpumpkins.com is a platform and a seller
Americanpumpkins.com is a platform that allows users who comply with our terms to offer, sell and buy certain type of products.
Amercanpumpkins.com is also a seller of certain type of products.
In cases where products are being sold by sellers other than American Pumpkins, Inc then Americanpumpkins.com is not directly involved in the shipment of products between buyers and sellers. As a result, Americanpumpkins.com has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell and ship the items or the ability of buyers to pay for items.
Americanpumpkins.com does not pre-screen users or the content or information provided by users. Americanpumpkins.com cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Americanpumpkins.com does not transfer legal ownership of items from the seller to the buyer. Americanpumpkins.com cannot guarantee the true identity, age, and nationality of a user. Americanpumpkins.com encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Americanpumpkins.com is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Americanpumpkins.com. You use the Americanpumpkins.com service at your own risk.
Americanpumpkins.com does not verify claims made on the Site by sellers/users that products are “made in usa”.
We encourage customers to contact us at firstname.lastname@example.org if they feel that products they purchased relying on the claims were not true.
Americanpumpkins.com logo, scripts, and service names are trademarks of American Pumpkins, Inc. All other images, graphics, logos, product names, service names are trademarks of respective owners, who may or may not be affiliated or connected to, or sponsored by Americanpumpkins.com. Please contact us at email@example.com in an event you feel a trademark or intellectual property has been violated.
Age: Americanpumpkins.com services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Americanpumpkins.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Americanpumpkins.com Site and services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Americanpumpkins.com of any unauthorized use of your password or any breach of security. You also agree that Americanpumpkins.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Americanpumpkins.com without Americanpumpkins.com express written permission.
Account Transfer: You may not transfer or sell your Americanpumpkins.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Americanpumpkins.com services are not available to temporarily or indefinitely suspended Americanpumpkins.com members. Americanpumpkins.com reserves the right, in Americanpumpkins.com sole discretion, to cancel unconfirmed or inactive accounts. Americanpumpkins.com reserves the right to refuse service to anyone, for any reason, at any time.
- Using automated tools to interact with and/or collect information from the Americanpumpkins.com website.
- Engaging in any conduct that in our sole discretion restricts or inhibits any other user from using or enjoying the Americanpumpkins.com services
- Using the social features of our website for any of the following activities:
- Disseminating information that promotes racism, bigotry, hatred or harm to an individual or group, contains nudity, violence or offensive subject matter or contains a link to a website containing such subject matter, or exploits individuals in a sexual or violent manner
- Harassment, promotion of harassment or stalking in any form
- Promoting information that you know to be false or misleading, or promotes illegal activities that could damage Americanpumpkins.com or any third party
- Promoting commercial activities not endorsed by Americanpumpkins.com
- Soliciting passwords or other personal information for the purposes of commercial or unlawful use
- Impersonating any person or entity or misrepresenting yourself in any way
Responsibility: As an Americanpumpkins.com account holder you are responsible for-
- Keeping Account information up to date, accurate and secure (we will not be responsible for actions of third parties that gain access to your Account information)
- Providing true, accurate and complete information about yourself at all times, including when ordering products from Americanpumpkins.com
- Researching the copyrights of images, logos, text etc. you use on your Americanpumpkins.com user profile page and paying the appropriate fees.
- Complying with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of this Site.
Listing and Selling
Listing Description: By listing an item on Americanpumpkins.com you warrant that you and all aspects of the item comply with Americanpumpkins.com published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Americanpumpkins.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their Americanpumpkins.com shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Americanpumpkins.com site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Americanpumpkins.com reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Americanpumpkins.com transaction fees, misrepresent the item's location, or use another user's account without permission.
Sale of products
We reserve the right to limit quantities of items purchased by you, to cancel any order or part of an order, or refuse service to anyone for any reason. The posting of prices on our website is not an offer for sale of products, and the order confirmation is not an acceptance of an offer to purchase products. The contract for sale of products is not entered into until we ship your products. Title to products and all risk of loss passes to you upon delivery to the shipping carrier.
Pricing and Availability
Prices and availability of products are subject to change without notice. We make every effort to provide accurate information about the prices of products available on the Americanpumpkins.com site. However, we cannot confirm the price of a product until a contract for sale of products is completed. In the event a product appears with an incorrect price or information, we reserve the right to cancel any orders of the product.
Product Descriptions, Packaging and Colors
We have made every effort to display as accurately as possible the products and associated packaging and colors associated with such products on the Americanpumpkins.com site. However, we cannot guarantee that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Americanpumpkins.com reserves the right to deliver substitute product to you, only in the event the ordered item is out of stock and the identical brand and product is available in a form that is of equal or greater value. Any substitution will occur at no extra cost to you.
Contests and Sweepstakes
We may, from time to time, offer contests, sweepstakes, games or rewards programs on Americanpumpkins.com. Each of these activities may be governed by additional specific rules as posted and made available to you with the specific promotion.
Reviews and Social Features
Americanpumpkins.com Account holders may post reviews, comments, photos, and other content on the Americanpumpkins.com website ("Submission"). We reserve the right (but not the obligation) to remove or edit Submissions, but we do not regularly review posted content.
By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such Submissions.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this Agreement or cause injury to any person or entity. You agree to indemnify American Pumpkins, Inc. against all claims and liabilities resulting from your Submission. Americanpumpkins.com takes no responsibility and assumes no liability for any Submissions made by you or any third party.
Disputes and Resolutions
In an event you feel the need dispute with Americanpumpkins.com, please contact us using any of the following methods-
American Pumpkins, Inc
Attn: Legal Department
6724 Perimeter Loop Rd # 175
Dublin, Ohio 43017
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Franklin County, Ohio, using the English language.
Should you have a dispute with one or more users, or an outside party, you release Americanpumpkins.com (and Americanpumpkins.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Americanpumpkins.com encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Americanpumpkins.com, for the benefit of users, may try to help users resolve disputes. Americanpumpkins.com does so in Americanpumpkins.com's sole discretion, and Americanpumpkins.com has no obligation to resolve disputes between users or between users and outside parties. To the extent that Americanpumpkins.com attempts to resolve a dispute, Americanpumpkins.com will do so in good faith based solely on Americanpumpkins.com's policies. Americanpumpkins.com will not make judgments regarding legal issues or claims.
Americanpumpkins.com, IT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Americanpumpkins.com SUPPLIERS PROVIDE Americanpumpkins.com WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Americanpumpkins.com, Americanpumpkins.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Americanpumpkins.com'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Americanpumpkins.com SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
IN NO EVENT SHALL AMERICANPUMPKINS.COM, AND (AS APPLICABLE) AMERICANPUMPKINS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AMERICANPUMPKINS.COM’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, AMERICANPUMPKINS.COM’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
AMERICANPUMPKINS.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF AMERICANPUMPKINS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO AMERICANPUMPKINS.COM’S IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD AMERICANPUMPKINS.COM AND (AS APPLICABLE) AMERICANPUMPKINS.COM’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Americanpumpkins.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Americanpumpkins.com's control.
Legal Compliance and Tax Laws
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Americanpumpkins.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Americanpumpkins.com's net income).
You and Americanpumpkins.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You agree that you are only authorized to visit, view and retain a copy of pages of the website for your own personal shopping and informational use, and that you shall not duplicate, download, publish, modify or otherwise distribute the materials, information, software, products and services included in or available through the website for any purpose other than for your personal, non-commercial use, unless otherwise specifically authorized by Americanpumpkins.com to do so.
When you visit Americanpumpkins.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Americanpumpkins.com service or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
All matters relating to your access to, and use of, the website or any services provided by Americanpmpkins.com shall be governed by U.S. federal law or the laws of state of Ohio. Any legal action or proceeding relating to your access to, or use of, the website shall be instituted in a state or federal court in Franklin County, Ohio.
Disclosures / Designated Agent for Notification of Claimed Copyright Infringement
American Pumpkins, Inc
Attn: Legal Department
6724 Perimeter Loop Rd # 175
Dublin, Ohio 43017