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Terms of service

Introduction

Welcome to the Woody’s Popcorn website, existing & published at www.woodyspopcorn.com, and owned by Woodys Popcorn LLC. Herein, this website will be referred to as the “Site.”

Please read the following rules, and understand that when you visit or shop at the Site you accept the terms of this Agreement (the “Agreement”). From time to time, the terms of use for the Site may change, and any changes to this Agreement will be posted to the Site. Anytime you visit or shop at the Site, it means that you accept and will abide by the Agreement that is in effect at the time of visit or purchase. These terms and conditions govern your use of this Site; by using this Site, you accept these terms and conditions in full.

 

If you do not agree to the terms as follows, please immediately close this Site.

 

 

License to Use

Unless otherwise stated, Woodys Popcorn LLC, and/or its partners, own the intellectual property rights and material on this Site.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not, without written consent from Woodys Popcorn LLC, and/or its partners, act as follows:

  • republish material from this Site (including republication on another website);
  • sell, rent or sub-license material from this Site;
  • reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
  • edit or otherwise modify any material on this Site; or
  • redistribute material from this Site (except for content specifically and expressly made available for redistribution)

Unless otherwise noted, Woodys Popcorn LLC wholly owns, controls, or has the right to use the photographs, illustrations, designs, icons, logos and written material appearing on this Site.

This Site as a whole is also protected by copyright and trademark laws. The trademarks, logos, and service marks displayed on the Site are registered and unregistered Trademarks of Woodys Popcorn LLC, and/or its partners.

All other copyrighted materials or trademarks on this Site which are not owned by Woodys Popcorn LLC are the property of their respective owners, who may or may not be affiliated with, sponsored by, or otherwise connected to Woodys Popcorn LLC.

 

 

Acceptable Use

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without express written consent from Woodys Popcorn LLC.

 

 

Limitations of Liability

Woodys Popcorn LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site:

  • to the extent that the Site is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Woodys Popcorn LLC has been expressly advised of the potential loss.

 

 

Law and Jurisdiction

Woodys Popcorn LLC owns and operates this Site from its headquarters in Sterling, Illinois, United States of America, and makes no representation that these materials are appropriate or available for use in other locations.

If you use this site from other locations, you are responsible for compliance with applicable local laws. Woodys Popcorn LLC’s Online Marketplace is intended for use by adults. If you are under the age of 18, or other age of majority in your jurisdiction, then you may use this site only with the involvement of a parent or guardian.

If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in the light most favorable to Woodys Popcorn LLC to the greatest extent possible in accordance with applicable law, and the remainder of the provisions shall remain in full force and effect. You specifically agree that any cause of action you may have arising out of your use of this Site must be commenced within one year after the claim or cause of action arises, or such claim or cause of action will be time barred. These terms will be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regard to its conflicts of law provisions. You consent to the exclusive jurisdiction of the state and federal courts of Illinois that are located in Sterling, Illinois, Whiteside County, and you waive all objections you may otherwise have to jurisdiction and venue.

 

 

Marketplace Considerations

The following additional terms and conditions apply if you place an order online:

Taxes and Shipping

The customer shall be responsible for the payment of all applicable sales, use, and similar taxes, and shipping and handling charges related to the purchase of products from the Woodys Popcorn LLC online Marketplace.

 

 

Delivery Dates

Our delivery of Marketplace products is handled by UPS. Their delivery may be affected by weather or labor conditions beyond control, they cannot guaranty delivery dates, and so, Woodys Popcorn LLC is unable to guaranty delivery dates.

 

Disclaimer

The material on this Site could include technical inaccuracies or other errors. Your use and browsing of the site is at your risk. Neither Woodys Popcorn LLC nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Woodys Popcorn LLC does not warrant that the functional aspects of the site or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT. Please note that some jurisdictions may not allow the excluding of implied warranties, so some of the above exclusions may not apply to you, and you may have additional rights.

 

 

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Site infringe your copyright, you (or your agent) may send Woodys Popcorn LLC a notice requesting that Woodys Popcorn LLC remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Woodys Popcorn LLC a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/title17/92appb.html

Notices and counter-notices should be sent to:

Woodys Popcorn LLC
1741 Industrial Drive #24
Sterling, IL 61081