Terms, Conditions and Notices
AGREEMENT BETWEEN CUSTOMER AND Delicious Popcorn and Distributors Co., Inc.
This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on, or obtained from, this Web site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright ©2012 Delicious Popcorn and Distributors Co., Inc., PO Box 188, Waupaca, WI U.S.A. All rights reserved.
Delicious Popcorn and Distributors Co., Inc. trademarks may not be used or displayed publicly without the prior written permission of Delicious Popcorn and Distributors Co., Inc..
THE MATERIALS FOUND ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Delicious Popcorn and Distributors Co., Inc. FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MATERIALS. Delicious Popcorn and Distributors Co., Inc. MAY MAKE CHANGES TO THE MATERIALS, OR THE PROGRAMS, POLICIES OR OTHER INFORMATION DESCRIBED IN THE MATERIALS, AT ANY TIME WITHOUT NOTICE. Delicious Popcorn and Distributors Co., Inc. MAKES NO COMMITMENT TO UPDATE THE MATERIALS.
IN NO EVENT SHALL Delicious Popcorn and Distributors Co., Inc. AND/OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, EVEN IF Delicious Popcorn and Distributors Co., Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to Delicious Popcorn and Distributors Co., Inc. that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than Delicious Popcorn and Distributors Co., Inc.. Such hyperlinks are provided for your reference only. Delicious Popcorn and Distributors Co., Inc. does not control such Web sites and is not responsible for their contents. The inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
CHANGES TO THIS AGREEMENT
Delicious Popcorn and Distributors Co., Inc. may at any time in its sole discretion modify the terms of access to this Site. Your continued use of the Site following any such modification, shall be deemed acceptance of such modification.
Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of Wisconsin, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Delicious Popcorn and Distributors Co., Inc. in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Delicious Popcorn and Distributors Co., Inc. as a result of this agreement or use of this Web site.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF THE WEB SITE
The Delicious Popcorn and Distributors Co., Inc. product/service purchase form/feature of this Web site is provided solely to make a legitimate purchase of said product/service for use in a retail facility owned by Delicious Popcorn and Distributors Co., Inc. or for the private use of the purchaser at his/her discretion and for no other purposes. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the online purchase facilities of this Web site shall be used only to make legitimate purchases for you or for another person for whom you are legally authorized to act.
For any products/services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.