Conditions of Use

INTRODUCTION

Welcome to GMPOPCORN.COM the official website of Gold Medal Products Co. By using this website, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on this website and may be found at the place where the relevant service is offered. We may change the terms of this Agreement from time to time. By continuing to use any of GMPOPCORN.COM after we post any such changes, you accept the Agreement, as modified.

TERMS OF USE

You certify that the information you provide on GMPOPCORN.COM is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Gold Medal immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue GMPOPCORN.COM, or any portion of GMPOPCORN.COM, at any time without notice.
If you are under the age of majority in your jurisdiction, you may use GMPOPCORN.COM only with involvement of a parent or guardian. Personally identifiable information about children should not be provided.

You are prohibited from:

• Violating or attempting to violate the security of GMPOPCORN.COM;
• Using any device, software, or routine to interfere or attempt to interfere with the proper working of GMPOPCORN.COM; or
• Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Gold Medal or other third party web browsers) to navigate or search GMPOPCORN.COM.

All information on this website is subject to change without notice.

THIRD PARTY SITES

References on GMPOPCORN.COM to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Gold Medal is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from GMPOPCORN.COM is at your own risk and will be governed by such third party's terms and policies.

ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including, but not limited to, limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit department. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Gold Medal may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Gold Medal reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Gold Medal also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Gold Medal for the purpose of engaging in a commercial sale of that same product(s) with a third party.

PRICING INFORMATION

Gold Medal cannot confirm the price of an item until after your order is placed. Pricing errors may occur on GMPOPCORN.COM. Gold Medal reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Gold Medal. Gold Medal may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on GMPOPCORN.COM from prices available in Gold Medal stores or Dealers. Not all items are available to order online. All orders will be charged tax. Tax exempt organizations must call to place an order.

PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

SHIPPING AND DELIVERY

Delivery of items purchased from GMPOPCORN.COM is only available to United States address in the 50 US States. All items will be shipped via UPS ground or similar way. Expedited shipping is not available on orders placed through GMPOPCORN.COM. We cannot ship to PO Boxes or unattended addresses. All items ship separately.

RETURNS

Buyer must contact Gold Medal at 1-800-543-0862 for authorization of return before shipping the items back to Gold Medal at Buyer’s expense.
No credits or returns will be granted without express pre-authorization from Gold Medal, which can be withheld in our sole discretion. No used or damaged merchandise will be accepted for return. No food products may be returned. No obsolete, “stale dated”, or discontinued items will be accepted for return. A minimum 25% restocking fee is deducted from any credit or refund. Credits will be issued at the lesser of current list price or the price you paid, less restocking fee. Gold Medal will only consider authorizing returns of eligible items up to 60 days from date of purchase. Exception: once we have discontinued a product we will not accept any of that item for return. Refunds are typically processed within 10 business days.

INFORMATION PROVIDED ON GMPOPCORN.COM

Gold Medal posts a variety of material on GMPOPCORN.com including without limitation, merchandise information, product descriptions, and health and nutritionals (collectively, “Materials”). The Materials that appear on GMPOPCORN.COM are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on GMPOPCORN.COM, you should confirm any facts that are important to your decision. Gold Medal and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on GMPOPCORN.COM. Product information contained on GMPOPCORN.COM may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return). GOLD MEDAL, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON GMPOPCORN.COM.

EXPORT POLICY

You acknowledge that some goods licensed or sold on GMPOPCORN.COM are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing products from GMPOPCORN.COM, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Gold Medal products will be carried to, transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.

INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Gold Medal and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on GMPOPCORN.COM for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of GMPOPCORN.COM or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, or GMPOPCORN.COM.Gold Medal, Gold Medal Products Co., the gmpopcorn.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through GMPOPCORN.COM are copyrighted, trademarks, or trade dress of Gold Medal in the U.S. and other countries.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Gold Medal Products Co. and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of GMPOPCORN.COM or any breach by you of this Agreement.

TERMINATION

This Agreement is effective unless and until terminated by either you or Gold Medal. You may terminate this Agreement at any time, provided that you discontinue any further use of GMPOPCORN.COM. Gold Medal also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to GMPOPCORN.COM, if in Gold Medal’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Gold Medal, you must promptly destroy all materials downloaded or otherwise obtained from GMPOPCORN.COM, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of GMPOPCORN.COM,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on GMPOPCORN.COM,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” and “General.”

DISCLAIMER

THIS SITE IS PROVIDED BY GOLD MEDAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOLD MEDAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF GMPOPCORN.COM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON GMPOPCORN.COM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOLD MEDAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GOLD MEDAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON GMPOPCORN.COM. YOU ACKNOWLEDGE, BY YOUR USE OF GMPOPCORN.COM, THAT YOUR USE OF GMPOPCORN.COM IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GOLD MEDAL OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE GMPOPCORN.COM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GOLD MEDAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL GOLD MEDAL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PURCHASES MADE BY YOU IN CONNECTION WITH YOUR USE OF GMPOPCORN.COM DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

WARRANTY LIMITATION

Gold Medal’s standard product warranty applies to items purchased through GMPOPCORN.COM. This standard warranty is limited to the repair or replacement (at Gold Medal’s discretion) of the purchased item at the place that the items was originally shipped. Items re-shipped or exported to another location may not be eligible for warranty coverage.

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Gold Medal to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Gold Medal’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Ohio law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of GMPOPCORN.COM must be brought in the state or federal courts of Ohio and you consent to the exclusive personal jurisdiction of such courts.

Last updated on January 1, 2018.