Terms & Conditions
Use of Site
Welcome to KernelsGourmet.com, the home for online ordering of Kernel's Gourmet Popcorn and More. This site is owned and maintained by Kernel's Gourmet Popcorn And More (herein called Kernel's) If you visit this website, you accept the following terms and conditions. Please read them carefully.
Delivery via UPS - Please allow for a 48 hour handling time.
Please review our Return Policy below to understand our practices.
All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Kernel's or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Kernel's, with copyright authorship for this collection by Kernel's, and protected by international copyright laws.
Kernel’s trademarks and trade dress may not be used in connection with any product or service that is not Kernel’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kernel's. All other trademarks not owned by Kernel's or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kernel’s or its subsidiaries.
License and Site Access
Kernel's grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kernel's. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kernel's. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kernel's and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kernel's name or trademarks without the express written consent of Kernel's. Any unauthorized use terminates the permission or license granted by Kernel's.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY - THIS SITE IS PROVIDED BY KERNEL’S ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. KERNEL’S MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE AND ITS MATERIAL. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME. ADDITIONALLY, KERNEL'S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KERNEL’S DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KERNEL'S ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KERNEL'S WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting KernelsGourmet.com, you agree that the laws of the state of Illinois, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kernel’s or its associates.
Any dispute relating in any way to your visit to KernelsGourmet.com or to products you purchase through KernelsGourmet.com shall be submitted to confidential arbitration in the state of Illinois, United States of America, except that, to the extent you have in any manner violated or threatened to violate Kernel’s intellectual property rights, Kernel's may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to KernelsGourmet.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.