TERMS OF SERVICE
Welcome to the Johnson’s Popcorn online store (the “Site”), operated by Johnson’s Popcorn, Inc., a New Jersey corporation (hereinafter “Johnson’s Popcorn,” “we,” “us,” or “our”). For your convenience, these terms of service (this “Agreement”) have been provided to you, the customer (hereinafter “you” or your”), in order to explain the rules and conditions of your access or use of the Site. Use of the Site, or Johnson’s Popcorn’s services, constitutes acceptance and approval of this Agreement. If you do not unconditionally agree to all of the terms stated below, you are expressly prohibited from accessing or using the Site.
By using the Site or our services, you acknowledge and agree that you meet all the requirements listed above, and that you will not use the Site or our services in a way that violates this Agreement or any applicable laws or regulations. We may refuse service, close accounts and change eligibility requirements at any time. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
Johnson’s Popcorn grants you a limited license to access and use the Site and our services solely for the purposes of obtaining and/or purchasing Johnson’s Popcorn products. Unless otherwise specified by Johnson’s Popcorn, all photographs, illustrations, designs, icons, logos and written material appearing on the Site are the intellectual property of Johnson’s Popcorn and shall not be used or reproduced without our prior written consent. In the event that you believe that materials available on the Site infringe on your intellectual property rights, please send us written notice requesting our removal of the allegedly infringing item to P.O. Box 802, Ocean City, New Jersey 08226, Attention: Legal Department.
Food products that are sold by Johnson’s Popcorn through the Site will be shipped with sealed lids to enhance quality and freshness. While we work to ensure that product information is accurate, actual product packaging and materials may contain variances or deviations from product advertisement shown on the Site. We reserve the right to change any and all content contained on the Site at any time without notice. The Site and all items on the Site are being provided on an “as-is” basis without warranties of any kind, either expressed or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and accuracy. Consumers of our products should not solely rely on the information presented on this Site. All end-users should always read labels, warnings, and directions before using or consuming our products.
4. Taxes, Shipping and Handling
You are responsible for the payment of all (i) sales, use and similar taxes, (ii) shipping charges and (iii) handling fees related to the purchase of any products from the Site.
5. Delivery Dates
All Johnson’s Popcorn products are delivered by third parties not under our control. As such, we are unable to guaranty delivery dates for products purchased through the Site or our services.
6. Changes to Terms of Service
We may change any of the terms of this Agreement by posting revised terms of service on the Site, which will become effective upon the date in which the new or revised terms are posted to the Site and shall apply to any continued or new use of the Site. We may change the Site, account features, policies, or the terms of this Agreement at any time.
7. Account and Password(s)
You are responsible for keeping your account name and password confidential. You are also responsible for the activity of any account that you have access to, whether or not you authorized the use. We are not responsible for any losses due to stolen or hacked passwords.
8. No Class Action
ANY AND ALL CLAIMS BROUGHT BY YOU AGAINST US SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE PURSUED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. AUTHORITY TO RESOLVE AND MAKE WRITTEN AWARDS IS LIMITED TO CLAIMS BETWEEN YOU AND US ALONE. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLES AGREED TO IN WRITING BY ALL PARTIES.
9. Choice of Law
The State of New Jersey’s laws, except for conflict of laws rules, will apply to any dispute related to the Site and our services. Any dispute arising from the Site or our services shall be decided by the state courts in Atlantic County, New Jersey, or the federal courts in Camden County, New Jersey, and each party to the litigation shall be subject to the jurisdiction of those courts.
10. Force Majeure
We will not be held liable for any delays or failure in performance of any part of our services from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party Internet service providers.
If a court of competent jurisdiction concludes that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary to make that section enforceable, and the rest of the Agreement shall remain valid and be given full force and effect.