Terms & Conditions
Welcome to 479° Popcorn! 479° Popcorn™ is a registered trademark of, and is operated by, Westbourne, Inc.
Please take a few minutes to review these Terms and Conditions. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them.
These Terms and Conditions May Change
479° Popcorn reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
Shipping and Processing Fees
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.
Use of Our Web Site
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to 479° Popcorn website shall be and remain the exclusive property of 479° Popcorn. Your submission of any such Comments shall constitute an assignment to, 479° Popcorn of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. 479° Popcorn will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Hyperlinks to other Web Sites
To the extent 479° Popcorn website contains hyperlinks to outside services and resources, the availability and content of which 479° Popcorn does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
479° Popcorn website and all content available on this website is provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Web Site, that your use of 479° Popcorn website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of 479° Popcorn website, and that 479° Popcorn shall not be liable for any damages of any kind related to your use of this Web Site. 479° Popcorn reserves the right to not fulfill any order placed on its website for any reason at its sole discretion. In the event payment for such order has been previously accepted, 479° Popcorn will refund such payment.
The prices displayed on 479° Popcorn website or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.
From time to time there may be information on 479° Popcorn website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. 479° Popcorn reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Any action relating to the use of 479° Popcorn website, catalogs or any transaction with 479° Popcorn must be brought in the state or federal courts located in the County of San Francisco, California. Last Updated: July 2008
What personal information do we collect?
When you place an order on our website, we collect your name, e-mail address, delivery address, billing address, credit card number or other billing information, and other information necessary to execute your order.
Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web site. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive communications from us.
In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.
How we use your personal information.
We may use the personal information we collect from you for any of the following internal purposes: (1) to fulfill your orders for products and services; (2) to contact you or other order recipients; (3) to protect the security or integrity of the Website, our business and our customers; (4) to provide you with additional information about our products, services, and company; and (5) to analyze trends and statistics.
Although unlikely, in certain instances we may disclose your personal information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to 479° Popcorn or to others. We may also disclose your personal information when we believe the law requires it.
Will 479° Popcorn disclose the information it collects to outside parties?
479° Popcorn will never sell or provide your information to anyone without your specific permission to do so, except that we do share information with third party intermediaries for payment processing, shipping, billing, and collections purposes, and with other third party intermediaries that provide a service to help operate our business and our Website.
479° Popcorn may also disclose your personal information to third parties in certain limited circumstances, as follows: (1) as necessary if we believe that there has been a violation of our Website Terms and Conditions, of the law, of our rights or of the rights of any third party; (2) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety; (3) as permitted or otherwise required by law; (4) if our company or our assets are acquired, your personal information may be one of the transferred assets; and (5) if you have given permission to 479° Popcorn to do so.
How does 479° Popcorn protect customer information?
We use reasonable standard technology to protect the security of your information. Unfortunately, no data transaction over the Internet can be guaranteed to be 100% secure and we cannot, however, ensure or warrant the security of any information you transmit to 479° Popcorn, and you do so at your own risk. Once we receive your transmission of information, 479° Popcorn makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. Generally, our web sites use "cookies" to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, assist our online merchants to track visits to and sales at our sites and to process your order, track your status in our promotions, and/or analyze your visiting patterns.
479° Popcorn Purchase Terms
The following describes the terms and conditions under which 479° Popcorn offers you our products. By ordering our products you accept these conditions.
1. Food Allergies. 479° Popcorn's products are prepared in facilities that routinely process nuts, nut seed oil, dairy products, and other ingredients which contain allergens. Accordingly, 479° Popcorn is unable to accommodate customers suffering from any type of food allergy, and individuals who do suffer from food allergies should not order products from 479° Popcorn.
2. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICABLE ORDER. THE LIMITATIONS ON LIABILITY INCLUDED IN THIS PARAGRAPH MAY BE PROHIBITED UNDER THE LAWS OF CERTAIN JURISDICTIONS AND, ACCORDINGLY, MAY NOT APPLY IN YOUR JURISDICTION.
3. Governing Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law. Any action at law or in equity arising out of or relating to your Orders or this agreement shall be brought exclusively in the state and federal courts in San Francisco County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts.
479° Popcorn Contact Information:
Phone: 888.479.YUMM (9866)
Mail: 479° Popcorn, 3450 Sacramento Street, Suite 101, San Francisco, CA, 94118
Copyright Westbourne, Inc. All Rights Reserved.
479° Popcorn™ is a registered trademark of Westbourne, Inc.
All of the Content on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Westbourne, Inc. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this website is strictly prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Westbourne, Inc. reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content.