These Terms of Service (the “Terms”) apply to your use of mybluepumpkin.com, www.mybluepumpkin.com and their pages (the “Site”). The Site is operated by Blue Pumpkin LLC (“Blue Pumpkin,” “we,” “us” or “our”). By using the Site, you agree to these Terms. If you don’t agree, please don’t use the Site.
Client work is covered separately. These Terms cover only this public website. Software development and other services we provide to clients are governed by a separate written agreement between Blue Pumpkin and that client. If that agreement conflicts with these Terms, the agreement controls for those services. Nothing on the Site creates a client relationship or obligates either of us to start a project.
1. Using the Site
The Site provides general information about Blue Pumpkin and how we work. We give you a limited, personal, non-exclusive, non-transferable and revocable permission to view and use the Site for lawful informational purposes, subject to these Terms.
2. What you agree not to do
When using the Site, you agree not to:
- break any applicable law or regulation;
- scrape, harvest or systematically copy content or data from the Site, except as these Terms allow;
- probe, disrupt or try to gain unauthorized access to the Site or the systems behind it;
- upload malware or do anything that places an unreasonable load on the Site; or
- send spam or unlawful messages through the Site, or submit content you don’t have the right to share.
3. Our content and brand
The Site and everything on it, including text, graphics, the white paper, the Blue Pumpkin name and the Blue Pumpkin logo, are owned by or licensed to Blue Pumpkin LLC and protected by intellectual property laws. You may download the white paper for your own reference. Apart from the limited permission in Section 1, these Terms don’t transfer any rights in the Site or its content to you.
4. What you send us
If you contact us through the Site or by email, you confirm that what you send is accurate and that you have the right to share it. Our Privacy Policy explains how we handle it. Please don’t send confidential information until we have a written agreement in place. If you send us ideas or feedback about our services, we may use them freely, without any obligation to you.
5. Third-party links and services
The Site may link to or rely on services run by others, such as our hosting and font providers. We don’t control those services and aren’t responsible for their content or practices. Your use of them is at your own risk and subject to their terms.
6. No warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT ALLOWED BY LAW, BLUE PUMPKIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We don’t promise that the Site will be uninterrupted, secure or error-free. Content on the Site, including the white paper, is general information and not professional advice for your situation.
7. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, BLUE PUMPKIN AND ITS AFFILIATES WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, UNDER ANY LEGAL THEORY, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. Nothing in these Terms limits liability that can’t be limited by law. This section doesn’t change the liability terms of any client agreement.
8. Indemnification
You agree to indemnify and hold harmless Blue Pumpkin LLC and its members, employees and agents from claims, damages and expenses (including reasonable legal fees) that result from your misuse of the Site or your violation of these Terms or the law.
9. Changes
We may change, suspend or discontinue the Site, and we may update these Terms, at any time. When we update these Terms, we’ll change the “Last updated” date above. If you keep using the Site after an update takes effect, you accept the updated Terms.
10. Governing law
These Terms are governed by the laws of the State of Utah, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Utah have exclusive jurisdiction over any dispute arising from or related to these Terms or the Site. Either party may still seek an injunction in any court with jurisdiction to protect intellectual property or to stop unauthorized access.
11. Contact
Questions about these Terms can be sent to hello@mybluepumpkin.com or through our contact page.