Please read the terms and conditions (“Terms of Use”) listed below. “Content” shall be defined as the materials, including information, images, illustrations, designs and written and other materials, which are all copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Mike’s Popcorn, LLC (“Mike’s Popcorn”). Mike’s Popcorn may revise these Terms of Use at any time without notice to you.

Mike’s Popcorn reserves the right to limit or prohibit sales to dealers, resellers or distributors.

Payment and Shipping

You are responsible for the payment of all sales, use and similar taxes, and shipping and handling charges related to the purchase of products from Mike’s Popcorn.

Local Law and Conditions

If national or local laws, regulations, orders or unusual climate conditions, require modification(s) of the products, which modification(s) is not within Mike’s Popcorn’s standard specifications, you shall specify in detail and pay for such modification(s) according to Mike’s Popcorn’s normal pricing policy in addition to the price originally stated. If such modification(s) prevent the products from meeting Mike’s Popcorn’s usual quality standards, Mike’s Popcorn shall not be liable there for and shall not be required to meet those standards to the extent that the quality may be adversely affected.

Return Policy

All purchases made through customer contract are nonrefundable.

Force Majeure

Mike’s Popcorn shall not be liable for any failure of any performance if such failure is occasioned by war, labor shortage, materials shortage, fire, flood or by any act of God, or by any other cause beyond the control of Mike’s Popcorn. Time is not of the essence with respect to Mike’s Popcorn performance hereunder.

Disclaimer of Warranties and Limitation of Liability

Mike’s Popcorn does not warrant that the customer contract or the contents therein will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of customer contract, or as to the accuracy, reliability or content of any information, service, or product provided through the customer contract.

ALL MATERIALS PROVIDED ON THIS CONTRACT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Mike’s Popcorn is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

Notwithstanding any other provision, the total liability, in the aggregate, of Mike’s Popcorn and its members, officers, directors, employees, and agents to you for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the goods or services provided by Mike’s Popcorn shall not exceed the amounts actually received by Mike’s Popcorn from you. Notwithstanding any other provision, Mike’s Popcorn and its members, officers, directors, employees, and agents shall not be liable to you for any special, incidental, indirect or consequential damages whatsoever.

Your sole and exclusive remedy for breach of any warranty hereunder shall be the repair or replacement of any defective goods or services, at Mike’s Popcorn’s expense. Mike’s Popcorn shall have no liability under any foregoing warranty unless you, at your expense, have provided Mike’s Popcorn with a clear written statement describing the alleged defect, its consequences and, if applicable, returned the allegedly defective product to Mike’s Popcorn.

Indemnification

You agree to defend, indemnify, and hold Mike’s Popcorn harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to customer contact.

Venue, Jurisdiction, Choice of Law, and Causes of Action

These Terms of Use, and the agreement created hereby, shall be governed by and construed and enforced in accordance with the laws of the State of Wisconsin, as it is applied to agreements entered into and to be performed entirely within that State, without giving effect to any principles of conflicts of laws. Any legal action concerning this Terms and Conditions agreement must be brought only in either the state or federal courts located in and for Outagamie County, Wisconsin, and you expressly consent to the jurisdiction of said courts. Any cause of action you may have with respect to the Site must be commenced within one year after the claim or cause of action arises unless a greater period of time is mandated by applicable law, or such claim or cause of action will be barred.

Severability

Each provision of these Terms of Use shall be considered severable, and if for any reason any provision or provisions are determined to be invalid and contrary to any existing or future law, the invalidity shall not affect or impair the operation of those portions that are valid, or the application of such provisions in situations in which they are not invalid.