Terms Of Services

Welcome to Pumpkin Stack, a wholly owned brand of Eneract, LLC (“Pumpkin Stack”) located online, at our Pumpkin Stack website (e.g.,www.pumpkinstack.com or the “Site”), mobile app, and social media platform, and online (e.g., through customer support channels, our retail locations, and in-person promotional activities) (collectively, the "Platform"). The following terms and conditions (the “Terms”) govern your use.

By accessing, viewing, purchasing, or otherwise using the content, material, products, or services available on or through the Platform, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein.

THE ARBITRATION AGREEMENT IN SECTION 11 (DISPUTE RESOLUTION) OF THE TERMS CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

You further certify that you are 13 years of age or older and that you have all the necessary rights, power, and authority to enter into these Terms and perform the obligations set forth under these Terms. Please ensure that you read these Terms, including the Privacy Policy, carefully. You understand and agree that your use of the Platform or any content, material, products, or services made available on or through the Platform (collectively, the "Services") signifies that you fully accept and agree to these Terms.

Registration

In order to access certain Services, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and you may then be asked to select or submit a username and password. You may also be required to provide us with certain information about yourself, including personally identifiable information such as your legal name, phone number, address, email address, gender, and age.

It is important that you provide accurate, complete, and up-to-date information for your account, and you agree to update such information to keep it accurate, complete, and up to-date. If you fail to do so, we may suspend or terminate your account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Pumpkin Stack will not be held responsible or liable for any misuse of your account if a third party gains access to and uses your password and account login in any way.

When placing an order through the Platform, you will be required to provide additional personal information, such as your shipping address, billing address, and payment details. Additional information may be collected by Pumpkin Stack or its third-party providers for security and anti-fraud purposes. You represent that the personal information you provide via the Platform is true, valid, complete, and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.

You agree that we may store, use, disclose, and otherwise handle any personal information that you provide via the Platform in accordance with our Privacy Policy.

Purchases

The Platform allows you to browse, view, choose, and purchase various products or services. By purchasing products or services made available through the Platform, you represent that you have reached the age of majority (which, in most states in the United States, is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and register or place an order on your behalf.

You further represent that you are purchasing products or services from the Platform for your own personal or household use only, and not for resale or export. All purchases are intended for final delivery to locations within the U.S. You may not purchase commercial quantities of our products without prior written consent, and we may place limits on your purchases.

Prices posted on the Site may differ from prices offered at our physical locations. While we strive to display accurate price information, inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to cancel orders arising from such occurrences.

Pumpkin Stack may use third-party payment processors to process credit card transactions. You are responsible for paying any taxes imposed in connection with use of the Platform or the purchase of products or services. The risk of loss and title for products purchased pass to you upon delivery to the carrier. All sales are subject to our shipping and return policies, made available on the Platform or provided with your purchased goods.

General Restrictions on Use

You agree to use the Platform and Services only for purposes permitted by these Terms and in compliance with applicable laws, regulations, and generally accepted practices or guidelines.
You will not:

  • Access the Platform through any unauthorized means.
  • Use the Platform for commercial purposes without our express written consent.
  • Misuse any trademarks, copyrights, or other intellectual property displayed on the Platform.

Content

Pumpkin Stack owns or licenses all information and materials, including logos, designs, product names, and other intellectual property displayed on the Platform. By submitting feedback or comments, you grant us a license to use such content without compensation.

Disclaimers and Limitation of Liability

Pumpkin Stack provides the Platform "as is" and disclaims all warranties to the fullest extent permitted by law. We are not liable for indirect or consequential damages arising from your use of the Platform or Services.

Dispute Resolution

All disputes will be resolved through binding arbitration as outlined in Section 11 of these Terms.

Miscellaneous

These Terms, including our Privacy Policy, constitute the entire agreement between you and Pumpkin Stack. We reserve the right to update these Terms at any time, and it is your responsibility to review them periodically.

Last Updated: 02.01.2025