Terms of Service
Welcome to the Mosby’s Popcorn® Web site (the “Site”), currently located at www.mosbyspopcorn.com, operated by Mosby’s Popcorn (“Mosby’s”). 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.
** IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LOG OFF THIS WEB SITE. **
Use of Materials on this Web Site
Mosby’s grants you a limited license to access and make personal use of the Site. You agree not to download (other than page caching) the Site, or modify it, or any portion of it, without the express written consent of Mosby’s. Unless otherwise noted, Mosby’s owns, controls, or has the right to use the photographs, illustrations, designs, icons, logos and written material (the “Contents”) appearing on the Site. The Site as a whole is also protected by copyright and trademark laws. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Mosby’s, its affiliates and others. All other copyrighted materials or trademarks on the Site which are not owned by Mosby’s are the property of their respective owners, who may or may not be affiliated with, sponsored by, or otherwise connected to Mosby’s.
Disclaimer
The material in the Site could include technical inaccuracies or other errors. Your use and browsing of the site is at your risk. Neither Mosby’s 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. Mosby’s 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.
General Provisions
Mosby’s Popcorn controls and operates the Site from its headquarters in Grand Rapids, Michigan, 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. Mosby’s Online E-Shop 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 Mosby’s 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 the 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 Michigan, 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 Michigan that are located in Grand Rapids, Michigan, and you waive all objections you may otherwise have to jurisdiction and venue.
Special E-Store Provisions
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 sales, use, and similar taxes, and shipping and handling charges related to the purchase of products from the Mosby’s Popcorn online E-Shop.
Delivery Dates
Our delivery of E-Shop products is handled by a third-party vendor. Since their delivery may be affected by weather or labor conditions beyond their control, they cannot guaranty delivery dates, and so, Mosby’s Popcorn is unable to guaranty delivery dates.
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 the Site infringe your copyright, you (or your agent) may send Mosby’s a notice requesting that Mosby’s 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 Mosby’s 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:
Mosby’s Popcorn
15 Ionia Ave SW
Grand Rapids, MI 49503
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
