Terms of service
OVERVIEW
Welcome to Kettle Corn NYC! The terms “we”, “us” and “our” refer to Kettle Corn NYC. Kettle Corn NYC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Kettle Corn NYC is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Kettle Corn NYC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Kettle Corn NYC confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Kettle Corn NYC may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Kettle Corn NYC, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Kettle Corn NYC, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Kettle Corn NYC.
Kettle Corn NYC’s names, logos, product and service names, designs, and slogans are trademarks of Kettle Corn NYC or its affiliates or licensors. You must not use such trademarks without the prior written permission of Kettle Corn NYC. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Kettle Corn NYC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Kettle Corn NYC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kettle Corn NYC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kettle Corn NYC.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Kettle Corn NYC, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Kettle Corn NYC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Kettle Corn NYC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kettle Corn NYC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Kettle Corn NYC is headquartered. You and Kettle Corn NYC consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at ken@kettlecornnyc.com.
Our contact information is posted below:
[INSERT TRADING NAME]
ken@kettlecornnyc.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] All orders are popped fresh to order. We do not use preservatives to prolong its shelf life. Our kettle corn generally stays fresh between 10 days to 2 weeks, more in the Winter, less in the Summer. We recommend storing your kettle corn in the freezer.
At this time orders are only popped and shipped once per week. If we do not receive your order by 1pm Friday, it will be made and shipped the following week. Orders can be delayed for any length of time by matters beyond our control, including weather. Order status is provided upon request by emailing us info@kettlecornnyc.com.
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 Nercessian Kettle Corn NYC Operations, LLC. online E-Store. Accurate and complete address details are the responsibility of the purchaser. If the purchaser requests to have the package reshipped, as the result of inaccurate, missing or incomplete information, the purchaser must pay additional shipping charges to have the package reshipped. We strongly recommended that you pay by Credit Card rather than Paypal. When paying with Paypal, make sure you confirm the shipping address before completing the order, as they may automatically ship to your billing address. This has happened to our customers on many occassions.
Delivery Dates
To maintain optimal freshness and quality, Nercessian Kettle Corn NYC Operations, LLC. prepares every order by hand, made to order. Some orders placed, may take up to 3 weeks to be received, depending on kettle corn production availabilty and/or location of delivery in the Continental U.S..
Our delivery of E-Store products is handled by USPS. Since their delivery may be affected by weather, labor conditions beyond their control or any other cause or condition, they cannot guaranty delivery dates, and so, Nercessian Kettle Corn NYC Operations, LLC. is unable to guaranty delivery dates.
If a guaranteed date of delivery is needed please send an email to info@kettlecornnyc.com to make arrangements.
Nercessian Kettle Corn NYC Operations, LLC. protects the privacy of our customers. We ensure that customer information collected on our Web site is to be used for informational purposes only and is not sold or otherwise transferred outside the company. This information is collected to help us better understand our customers and communicate special products, services or promotions. It may be shared confidentially with those who assist us in our marketing and sales endeavors, but such use will be for our internal purposes only.
Billing and shipping information is collected to better fulfill orders. If there is a question concerning your order we may use the information to contact you
Terms of Use
Welcome to the KettleCornNYC.com web site (the “Site”). Access to and use of the Sites is provided subject to the following terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS YOUR ACCESS AND USE OF THE SITE CONSTITUTES AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED HEREIN.
IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LOG OFF THIS WEB SITE.
Terms and Conditions of Use
By using the Site, you are deemed to have agreed to these terms and conditions of use. Nercessian Kettle Corn NYC Operations, LLC. reserves the right to modify these terms at any time. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this Site.
All content on this Site is subject to change without notice. Nercessian Kettle Corn NYC Operations, LLC. reserves the right, in its sole discretion, to terminate your access to all or part of this Site with or without notice. Nercessian Kettle Corn NYC Operations, LLC. may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content (including the Interactive Areas), without prior notice or liability.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and services owned or operated by Nercessian Kettle Corn NYC Operations, LLC. . These terms and conditions do not apply to your use of those web sites to which the Sites link.
Use of Materials Posted on this Site
The contents of the Site are protected by copyright and trademark laws, and are the property of Nercessian Kettle Corn NYC Operations, LLC. .
Nercessian Kettle Corn NYC Operations, LLC. 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.
Unless otherwise noted, Nercessian Kettle Corn NYC Operations, LLC. 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 Nercessian Kettle Corn NYC Operations, LLC., its affiliates and others. All other copyrighted materials or trademarks on the Site which are not owned by Nercessian Kettle Corn NYC Operations, LLC. are the property of their respective owners, who may or may not be affiliated with, sponsored by, or otherwise connected to Nercessian Kettle Corn NYC Operations, LLC..
Nercessian Kettle Corn NYC Operations, LLC. is committed to protecting the privacy of our online visitors. This privacy policy discloses the privacy practices governing the use of information submitted to Nercessian Kettle Corn NYC, LLC. through this web site.
Security
Nercessian Kettle Corn NYC Operations, LLC. has security measures in place to safeguard against the loss, misuse and alteration of information under our control. By making your bids and or purchases through our secure server, you are protected by Secure Socket Layer (“SSL”) technology, used by most browsers, including Netscape and Microsoft Explorer. This technology allows us to utilize advanced encryption in order to protect the information transmitted between your computer and our server. Through encryption, the personal information you enter, including your name and credit card information, is securely dispatched over the Internet.
Policy Changes
As Nercessian Kettle Corn NYC Operations, LLC. grows and new features are added or legal requirements change, this privacy policy may be modified. Although all information submitted to Nercessian Kettle Corn NYC Operations, LLC. is subject to the terms and conditions of this policy and any modifications, you may remove or restrict access to your account by updating your account information at www.kettlecornnyc.com Any changes to the Nercessian Kettle Corn NYC, LLC. privacy policy will be posted online.
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 Nercessian Kettle Corn NYC Operations, 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. Nercessian Kettle Corn NYC Operations, 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.
General Provisions
Nercessian Kettle Corn NYC Operations, LLC. controls and operates the Site from its private office in Riverdale, New York, 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.
www.kettlecornnyc.com 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 Nercessian Kettle Corn NYC, 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 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 New York, 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 New York that are located in New York, New York, 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: The volume of each product, small bag 5 cups, medium bag 10 cups and large bag 15 cups, are an estimate. Settling of product during shipping, can and will occur.
By using the Site, you are deemed to have agreed to these terms and conditions of use. Nercessian Kettle Corn NYC, LLC. reserves the right to modify these terms at any time. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this Site.
All content on this Site is subject to change without notice. Nercessian Kettle Corn NYC, LLC. reserves the right, in its sole discretion, to terminate your access to all or part of this Site with or without notice. Nercessian Kettle Corn NYC, LLC. may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content (including the Interactive Areas), without prior notice or liability.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and services owned or operated by Nercessian Kettle Corn NYC, LLC. . These terms and conditions do not apply to your use of those web sites to which the Sites link.
Use of Materials Posted on this Site
The contents of the Site are protected by copyright and trademark laws, and are the property of Nercessian Kettle Corn NYC, LLC.
Nercessian Kettle Corn NYC, LLC. grants <strong>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.
Unless otherwise noted, Nercessian Kettle Corn NYC, LLC. 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 Nercessian Kettle Corn NYC, LLC., its affiliates and others. All other copyrighted materials or trademarks on the Site which are not owned by Nercessian Kettle Corn NYC, LLC. are the property of their respective owners, who may or may not be affiliated with, sponsored by, or otherwise connected to Nercessian Kettle Corn NYC, LLC..
Nercessian Kettle Corn NYC, LLC. is committed to protecting the privacy of our online visitors. This privacy policy discloses the privacy practices governing the use of information submitted to Nercessian Kettle Corn NYC, LLC. through this web site.
Nercessian Kettle Corn NYC, LLC. has security measures in place to safeguard against the loss, misuse and alteration of information under our control. By making your bids and or purchases through our secure server, you are protected by Secure Socket Layer (“SSL”) technology, used by most browsers, including Netscape and Microsoft Explorer. This technology allows us to utilize advanced encryption in order to protect the information transmitted between your computer and our server. Through encryption, the personal information you enter, including your name and credit card information, is securely dispatched over the Internet.
As Nercessian Kettle Corn NYC, LLC. grows and new features are added or legal requirements change, this privacy policy may be modified. Although all information submitted to Nercessian Kettle Corn NYC, LLC. is subject to the terms and conditions of this policy and any modifications, you may remove or restrict access to your account by updating your account information at www.kettlecornnyc.com Any changes to the Nercessian Kettle Corn NYC, LLC. privacy policy will be posted online.
Material in the Site could include technical inaccuracies or other errors. Your use and browsing of the site is at your risk. Neither Nercessian Kettle Corn NYC, 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. Nercessian Kettle Corn NYC, 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.
General Provisions
Nercessian Kettle Corn NYC, LLC. controls and operates the Site from its private office in Riverdale, New York, 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. www.kettlecornnyc.com 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 Nercessian Kettle Corn NYC, 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 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 New York, 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 New York that are located in New York, New York, and you waive all objections you may otherwise have to jurisdiction and venue.
The following additional terms and conditions apply if you place an order online: The volume of each product, small bag 5 cups, medium bag 10 cups and large bag 15 cups are an estimate. Settling of product during shipping, can and will occur.
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 Nercessian Kettle Corn NYC, LLC. online E-Store. Accurate and complete address details are the responsibility of the purchaser. If the purchaser requests to have the package reshipped, as the result of inaccurate, missing or incomplete information, the purchaser must pay additional shipping charges to have the package reshipped.
To maintain optimal freshness and quality, Nercessian Kettle Corn NYC, LLC. prepares every order by hand, made to order. Some orders placed, may take up to 3 weeks to be received, depending on kettle corn production availabilty and/or location of delivery in the Continental U.S..
Our delivery of E-Store products is handled by Federal Express. Since their delivery may be affected by weather or labor conditions beyond their control, they cannot guaranty delivery dates, and so, Nercessian Kettle Corn NYC, LLC. is unable to guaranty delivery dates.
If a guaranteed date of delivery is needed please send an email to info@kettlecornnyc.com to make arrangements.
Nercessian Kettle Corn NYC, LLC. protects the privacy of our customers. We ensure that customer information collected on our Web site is to be used for informational purposes only and is not sold or otherwise transferred outside the company. This information is collected to help us better understand our customers and communicate special products, services or promotions. It may be shared confidentially with those who assist us in our marketing and sales endeavors, but such use will be for our internal purposes only.
Billing and shipping information is collected to better fulfill orders. If there is a question concerning your order we may use the information to contact you.