By using our Site, you understand and agree that this Agreement governs any use of the Site by you.
- Notice. The Site is owned and operated by POParazzi’s POPcorn, a Texas limited liability corporation. POParazzi’s POPcorn has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any products offered by the Site or its Services You may visit our Site at any time to read this Agreement and learn of any revisions made to this Agreement. All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
- Intended Use.
- The Site is intended for your benefit to become familiar with and use the Services or purchase the Products of POParazzi’s POPcorn.You understand that POParazzi’s POPcorn does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Products, Services, or any third-party services or products posted on or offered through our Site.
- You understand that any statements by POParazzi’s POPcorn, its employees, agents, affiliates, and members are provided for informational purposes only.
- Our Services.
- In General. POParazzi’s POPcorn offers for sale a variety of items including flavored popcorn, popcorn gift tins, popcorn gift boxes, accessories, and related products available on the Site (collectively, the “Products”) for delivery anywhere in the United States except for Alaska and Hawaii. POParazzi’s POPcorn, however, makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products or Services provided by POParazzi’s POPcorn, any individual, company, or service provider used by POParazzi’s POPcorn to deliver the Products or Services, or any other services featured on the Site and assumes no liability related thereto.
- Purchasing Products. POParazzi’s POPcorn uses third-party vendors to process and verify your purchases and credit card information. A purchase from our Site will be finalized if and only if the third-party vendor successfully completes the payment transaction and POParazzi’s POPcorn finally receives payment. POParazzi’s POPcorn makes no warranties or representations whatsoever with regard to any services provided or offered by these third-party vendors and you acknowledge that any reliance on representations or warranties provided by any such third-parties will be at your own risk.
- Refund Policy. You understand and agree that the sale of any Product purchased from our Site are final. Refunds or replacement of product is ONLY reviewable if customer pays for signature request via third party shipping.
- Custom Products. If you are interested in purchasing a custom product from POParazzi’s POPcorn, please contact firstname.lastname@example.org. You understand and agree that all sales of custom-ordered products are FINAL.
- Third-Party Shipping Provider. POParazzi’s POPcorn uses a third-party shipping provider to deliver the Products (the “Third-Party Shipping Provider”) and makes no warranties or representations whatsoever with regard to any services provided or offered by the Third Party Shipping Provider, and you acknowledge that any reliance on representations or warranties provided by any such Third-Party Shipping Provider will be at your own risk. You understand and agree that all shipping related notifications and confirmations, including but not limited to shipment notifications, delivery exception notifications, and delivery confirmations will be provided by the Third-Party Shipping Provider and that POParazzi’s POPcorn will not be held liable for or responsible for such notifications and confirmations.
- Submitting a Claim. When purchasing our Products, you understand and agree that any claims for damages, lost or unmet delivery guarantees, or any other shipping related issues (“Shipping Claim”) will be handled and ultimately settled by POParazzi’s POPcorn at its own discretion. Please keep the following in mind as you finalize your Shipping Claim:
- To submit a claim, please email POParazzi’s POPcorn at email@example.com within one business day of receipt of the Products purchased from our Site.
- You may be required to submit information related to your claim including but not limited to the description of damage, how we can contact you, and pictures of the damaged items after shipping.
- Any decisions regarding your Shipping Claim are final.
- Limitations of Warranties and Remedies. To the full extent allowed by law, POParazzi’s POPcorn disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. POParazzi’s POPcorn neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Services or Products provided by POParazzi’s POPcorn. In no event will POParazzi’s POPcorn be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if POParazzi’s POPcorn has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
- Indemnification. You agree to defend, indemnify, and hold harmless POParazzi’s POPcorn and its officers and employees (the “POParazzi’s POPcorn Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the POParazzi’s POPcorn Parties may incur arising out of or resulting from your use of the Site or any of the Products and Services of POParazzi’s POPcorn.
- Choice of Law and Venue. This Agreement will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Houston, Texas (Harris County) with regard to any dispute relating to this Agreement or its enforcement. The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Houston, Texas (Harris County) relating to a dispute between the parties relating to this Agreement or its enforcement.
- Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
- Additional Provisions Regarding Liability. You and POParazzi’s POPcorn agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
- Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us at firstname.lastname@example.org.
Notices. Any notices or communication sent by you to POParazzi’s POPcorn pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as POParazzi’s POPcorn may specify in writing.
All notices must be sent to:
POParazzi’s POPcorn, LLC
8236 Kirby Drive #150
Houston Tx, 77054