Terms and Conditions

Terms Of Use

HOT-N-POPPIN™, INC.  

TERMS & CONDITIONS

Last Updated: February 25, 2017

Terms of Use

Welcome to The Hot-N-Poppin™, Inc. Chicago Style Gourmet Popcorn website, currently located at www.hnpchicago.com. The website (hereinafter referred to as “We,” “Us,” “Our” and “Site”) is owned and operated by Hot-N-Poppin, Inc. a company incorporated and domiciled in Naperville, Illinois (hereinafter referred to as “the Company”). By visiting our Site and accessing the information, services and products we provide, you (“User,” “You” or “Your”) understand and agree to accept and adhere to the following terms and conditions, along with the terms and conditions as stated in our Privacy Policy.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE AND YOU MUST LEAVE THE SITE IMMEDIATELY.

Unless otherwise specified, all Materials on this site are the property of the Company and are protected by the copyright laws of the United States of America and, throughout the world by the applicable copyright laws. No Materials published by the Company on this website or services, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from the Company. The use of any such Materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws. You are specifically prohibited from using any data mining, robots or similar data gathering or extraction methods. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

We reserve the right to change these Terms & Conditions from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically to familiarize yourself with any changes. Your continued use of this Site after such change will constitute acknowledgment and agreement of the modified terms and conditions.

Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and terms and conditions posted for a specific area of the Site, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site.

Eligibility

The Site is not designed for use by persons under the age of 18 years. In the event that you are under 18 years of age, you confirm that you have obtained the consent of your parent or legal guardian to enter into any binding agreement with the Company and to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the purchase of Products; and (iii) your acceptance and compliance with these Terms & Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Site immediately.

You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by these terms and conditions, and that you will so abide. You also represent and warrant to the Company that you will use the Site in a manner consistent with any and all applicable laws and regulations. Where you enter into this Agreement on behalf of an entity or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You are required to agree to and accept these Terms of Use and the Privacy Policy in order to access and use the Site.

User Conduct

By visiting our Site and accessing the information, services and products we provide for you, you agree to use the Site only for the purposes intended and as permitted by (a) these terms and conditions, and (b) applicable laws, regulations and generally accepted online practices or guidelines. 

Wherein, you understand that: 

  1. In order to place an order through the Site, you may be required to provide certain information about yourself (such as identification, contact details, billing information etc.), you agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Site. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Products by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Products through any automated, unethical or unconventional means.
  4. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Products is strictly prohibited.
  5. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  6. You agree to indemnify and hold harmless the Company and its officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or the failure to fulfil any obligations incurred by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms and Conditions. In such event, you shall provide us with such cooperation as is reasonably requested by us.

The Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

The Company may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against the Company or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights of the Company, its Partners, its Users, or Members of the public.

How the Site Works

This Site offers users a convenient way to buy superior quality gourmet popcorn online. Users can place their order at www.hnpchicago.com and make payments using PayPal payment gateway. The Company uses UPS, FedEx, USPS for Shipping the Products and all shipping costs and taxes are borne by the Users. Users can easily calculate the shipping costs using the shipping calculator provided on the Website.

Delivery, Pricing and Payment

You acknowledge that delivery of the Products is subject to availability of the Products. We will make every reasonable effort to deliver the Product to you within the delivery timeframe stated at the time you place your order, but you acknowledge that all delivery timeframes given are estimates only and delays can occur for reasons beyond our control. If the delivery of your Product is delayed, we will inform you accordingly via e-mail. The time for delivery shall not be of the essence and we shall not be liable for any delay in delivery whatsoever caused.

The Product shall be delivered to the address specified by You when placing your Order. You may pay for the Product using any of the payment methods prescribed by Us from time to time.

Replacement and Refund Policy

In the event the product you received is materially different from the one you ordered, we will gladly replace it for you. Once We have replaced Products, the non-conforming Product shall become Our property and upon request such Product should be shipped back to Us.

In the event that the product ordered by you is still not received 14 days after the expected date of delivery, we will offer you a full refund and such refund shall be made via the original payment mechanism and to the person who made the original payment.

The processing of refund payment may take time. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. We agree to bear all costs associated with the refund process imposed by the payment processor. We may at any time and without prior notice to you modify the mechanism of processing refunds.

Cancellation Policy

You may cancel an order before We dispatch the Product by contacting Us through the “contact us” page and using the word “Cancellation” in the subject line. Any orders placed before 16:00 hrs CST are shipped on the same day and all orders placed after 16:00 hrs are shipped the following day. If the Products have already been shipped, you may not cancel the order.

We may Cancel an order at any time after the occurrence of any either:

  1. the Products ordered being unavailable for any reason; or
  2. the User being in breach of an obligation under these terms

Privacy

You agree that the Company’s Privacy Policy (as may be updated from time to time) governs our collection and use of your personal information.

Reservation of Rights

We reserve all rights not expressly granted in these Terms & Conditions.

Limitation of Warranties

By using our website, you understand and agree that all Products are provided "AS IS" and "AS AVAILABLE". This means that we do not represent or warrant to you that:

  1. the use of our Products will meet your needs or requirements.
  2. the use of our online Service will be uninterrupted, timely, secure or free from errors.

 

Furthermore, you understand and agree that: 

 

  • any content downloaded or otherwise obtained through the use of our Resources & Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS CLAUSE, THE TERM SITE INCLUDES THE COMPANY, ALL OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS OF THE SITE.

Limitation of Liability

THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE OF ANY PRODUCTS & SERVICES OR ANY OF THE FOLLOWING:

 

  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY

SITE.

  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS

PLATFORM, BY ANY THIRD PARTY, AND/OR l ANY ERRORS OR OMISSIONS IN ANY SITE OR OTHER CONTENT MADE AVAILABLE BY THE SITE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT, WILL THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE (WHETHER IN CONTRACT, DELICT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY.

Governing Law 

This website is controlled by Hot-N-Poppin, Inc., from its head office in Naperville, Illinois. By accessing this Site, you agree to the abide by the laws of Illinois, USA. Furthermore, any action to enforce these Terms & Conditions shall be brought in the federal or state courts located in Illinois, USA, You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee 

UNLESS OTHERWISE EXPRESSED, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF

MERCHANTABILITY,    FITNESS    FOR    A    PARTICULAR    PURPOSE    AND    NON-

INFRINGEMENT. 

Waiver of Jury Trial

EACH OF THE PARTIES WAIVES ITS RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THESE TERMS BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OF OR MODIFICATIONS TO THIS AGREEMENT.

No Class Actions

All claims between the parties related to these Terms & Conditions will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Site, Resources or Services. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.

Miscellaneous

Notice.

The Company may provide You with notices, including those regarding changes to its Terms & Conditions, by postings on the Site. Notice posted on the Site is deemed given 2 days following the initial posting.

Waiver.

The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of these

Terms will be effective only if in writing and signed by an authorized representative of the Company.

Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment.

These Terms and any related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction. Any assignment attempt to be made in violation of these Terms shall be void.

Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement.

These Terms (including the Site’s Privacy Policy and terms incorporated herein) are the entire agreement between You and the Site relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by the Company.