Terms & Condtions

Treat Yourself Gourmet Popcorn LLC, DBA Treat Yourself Popcorn

 

Your privacy is important to TREAT YOURSELF GOURMET POPCORN LLC, DBA (referred to as www.TreatYourselfPopcorn.com) and we are committed to protecting your personal information.

This Privacy Policy discloses the privacy practices for www.TreatYourselfGourmet.com (“TREAT YOURSELF GOURMET”), www.TreatYourselfPopcorn.com (“TREAT YOURSELF POPCORN”), and “T-Y-P Treat Yourself Popcorn Virtual Online Virtual Store Fundraiser Platform” and any other sites that display authorized links to this policy, including all mobile websites (each a “Site”) and applications (each an “Application”) associated therewith. This policy describes how and why TREAT YOURSELF GOURMET POPCORN LLC (“we”, “us”, or “our”) collects, stores, and uses the information you share through TreatYourselfPopcorn.com and its sub-domains and affiliated sites, as well as Treat Yourself Gourmet or Treat Yourself Popcorn pages and accounts on Facebook®, Instagram®, YouTube®, X (Twitter®) and LinkedIn® (the “Social Sites”).

By using this Site, you agree to comply with and be bound by the following terms and conditions of use and acknowledge your understanding of this privacy policy (collectively, the “Terms”). If you do not agree with these Terms, you should not use this Site.

BY ACCESSING ANY PORTION OF THIS SITE OR ANY MOBILE APPLICATIONS, OR BY USING THESE SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS AND ANY FUTURE REVISION HEREOF. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THIS SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THESE SERVICES, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICES, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.

 

1. Services

Treat Yourself Popcorn offers a free cause-and-product-based e-commerce 100% virtual fundraising platform to raise money online through the sale of Treat Yourself Popcorn products (“Services”). Receive 70% profit with no platform fees, no minimum requirements, no brochures, no forms, no paperwork, no funds to collect, and no products to deliver.

We reserve the right to discontinue the Services at any time.

 

2. Fundraising Campaign Organizers

A Fundraising Campaign Organizer (“Campaign Organizer”) is a verified and authorized individual who manages the Virtual Store information and the beneficiary confidential details of the fundraiser. Examples include athletic directors, team coaches, PTA/PTO leaders, Booster Club presidents, private school directors, studio owners, authorized representatives, or an individual personal cause campaign that is purposeful and legitimate.

Campaign Organizers must apply to use the Treat Yourself Popcorn fundraising e-commerce website (“Virtual Store”) to raise money for causes including but not limited to: Animal & Pet; Bands; Churches; Clubs; Community; Competition; Creative; Dance Studios; Disability Assistance; Disaster Relief; Education; Emergencies; Environment; Events; Family; Fraternities; Funeral; Health Awareness; Help A Friend; Medical; Memorial; Non-Profit; Organizations; Schools & Pre-Schools; Runs; Sororities; Sports; Teams; Track & Field; Travel; Tuition Assistance; Veteran; Volunteer; Youth Group; Weddings; Walkathons; and Individual Financial Needs.

Campaign Organizers must be able to accept payments to accounts or addresses based in the United States. We cannot send payments outside of the United States. Applying multiple times as a Campaign Organizer, using aliases or proxy accounts, or similar conduct designed to conceal identity or transact under more than one account is strictly prohibited.

 

3. Buyers

A buyer (“Buyer”) is any user that purchases products from a Virtual Store. A Buyer may also be a Campaign Organizer. Buyers must be able to make payments from a U.S. account and accept shipments at a U.S. address. We do not accept payments from or ship goods to locations outside of the United States.

 

4. Fundraising Platform

We are not a broker, financial institution, creditor, or charitable organization. All information and content provided through this Site relating to fundraising is for informational purposes only, and we do not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. You should consult your professional advisors as appropriate.

We have no control over the conduct of, or any information provided by, any Campaign Organizer and do not guarantee that a Campaign Organizer will obtain any donations. We do not endorse any campaign or cause except as expressly stated in writing and disclaim any liability or responsibility for the outcome or success of any campaign. As a Buyer, you must make the final determination as to the value and appropriateness of contributing to any campaign. Suspected fraudulent activity or misuse of funds will be taken seriously and investigated if reported.

 

5. Prohibited Conduct

The following are examples of user content and/or use that is prohibited and possibly illegal. This list is not exhaustive. We reserve the right to investigate, remove content, suspend or terminate accounts, stop payments, freeze or place holds on donations, and report users to law enforcement.

Campaign Organizers agree not to use the Services to:

1. Raise funds or contribute to any fundraiser involving violations of law or third-party guidelines; election campaigns; fraudulent/misleading content; illegal drugs or harmful products; weapons; investments/lotteries and “get rich quick” schemes; gambling; content promoting hate or intolerance; sanctioned parties; ransom, trafficking, vigilantism, bribes; pornography or sexual content; offensive or graphic content; pre-sale of items without control/possession; collecting on behalf of merchants or self-payments; credit repair/debt settlement; cash advances unrelated to campaign purpose; reputation-harm content; resale without added value; obfuscation of funds; IP infringement or counterfeit goods; unlawful imports/exports; processing without bona fide donation; collecting or providing funds other than as described; activities associated with alleged financial crimes; or any other activity we deem unacceptable.
2. Transmit content that infringes rights; that you lack the right to upload; that contains viruses or malicious code; that poses privacy/security risks; that constitutes unsolicited advertising; or that restricts or inhibits others.
3. Interfere with or disrupt servers or networks connected to the Services.
4. Harvest or collect contact information of other users.
5. Raise funds for a minor without express permission of the minor’s parent/legal guardian unless funds are placed in a trust for the minor’s sole benefit.

Additionally, with respect to donations you make or accept, you agree:

1. Not to make or accept donations you know or suspect to be erroneous, suspicious, or fraudulent.
2. Not to use the Services for, or for the benefit of, embargoed or blocked parties (including OFAC-sanctioned lists).
3. To maintain reasonable security measures for information transmitted and received through the Services.
4. To maintain records related to campaigns and donations and make them available upon our request.
5. To fully cooperate with audits or investigations by us, payment partners, or regulatory/government authorities.

We reserve the right to refuse, condition, or suspend any donations or transactions that may violate these Terms or harm the interests of our users, partners, the public, or us, or that expose any party to unacceptable risk.

 

6. Procedures

1. Campaign Organizer receives a sign-up link by email to share with potential Buyers. Buyers use the link to buy products from the Virtual Store.
2. We use the information you provide to manage your account, provide support, process payments, and manage our business.
3. We may disclose information as required by law (e.g., subpoenas, court orders) or when appropriate to investigate illegal activity or protect rights, property, or safety.
4. We will not share, sell, use, or otherwise distribute your contacts except to provide the Services or if we give an opt-out opportunity.

 

7. Payments

1. Buyers agree to pay in full the prices (and all applicable taxes and shipping/handling) for any product purchases by credit/debit card or other acceptable means.
2. For each purchase, the Buyer remits payment to Treat Yourself Popcorn. We ship the products to the Buyer and, where required, submit collected sales tax. We will pay a predefined percentage of the purchased products’ item price (excluding taxes, shipping, returns, and other fees) (the “Payout”) to the Campaign Organizer responsible for the Attributable Buyer.
3. The Payout is currently 70% of the purchased products’ item price and is subject to change upon notice to the Campaign Organizer.
4. We generally remit the Payout to Campaign Organizers by check at the end of their fundraiser campaigns.
5. Attributable Buyer is identified by the landing page first viewed upon entering the Virtual Store (the Campaign Organizer’s personalized page). Sales without initial landing on that page, or sales that cannot be tracked, are not attributable.
6. Disputes regarding Payouts must be submitted in writing within two (2) months of when payment was made or allegedly due, including identifying information and explanation. Untimely disputes are waived.

 

8. Claw-Backs

If chargebacks, returns, cancellations, disputed charges, voids, insufficient funds, or similar Buyer Non-Payment issues arise, we may treat such transactions as void and deduct uncollected amounts from the Campaign Organizer’s sales.

 

9. Buyer Cancellations

A cancellation must be made on the day you placed your order before 10 pm (EST). You must call +1 (833) 964-2EAT / +1 (833) 964-2428 to cancel. We strongly uphold this policy as we begin preparing your popcorn delivery immediately after this time.

 

10. Buyer Refunds

For damaged goods, you must notify us within 24 hours after delivery. Due to the perishable nature of our product, we do not accept returns.

To request a refund, email HappyCustomer@TreatYourselfPopcorn.com with a photo of the damaged product. If approved, you’ll be automatically refunded to your original payment method. Otherwise, we have no obligation to refund or replace. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE DO NOT ISSUE REFUNDS AND WE DO NOT ACCEPT RETURNS.

 

11. Site Restrictions

We may suspend, terminate, limit, or otherwise restrict accounts and use of the Services for any conduct we reasonably determine warrants such action, including violations of these Terms, illegal activity, harassing conduct, or actions that burden our ability to render the Services.

 

12. Communications

By using the Services and providing contact information, you consent to us contacting you via email, physical mail, text, phone calls, and other means. You may opt out by emailing us with “opt out” in the subject line.

 

13. User Submissions

You agree that any information you provide through the Services (“User Content”) will be truthful, accurate, and complete. You will not provide content that is defamatory, threatening, obscene, harassing, unlawful, or that infringes another’s rights.

By uploading User Content, you grant us a nonexclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to use such content in connection with the Services and their promotion. If your User Content contains a name, image, or likeness, you release and hold us harmless from associated claims. You represent that you have obtained necessary releases for any person appearing in your content. You consent to our inclusion of such content in our marketing and advertising materials.

 

14. Limited Access

The Services may be inaccessible or inoperable for reasons including maintenance, updates, repairs, or causes beyond our control. We are not obligated to compensate you for these conditions.

 

15. Warranty Disclaimers

ALL TEXT, IMAGES, AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow certain exclusions, so some limitations may not apply to you.

 

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TREAT YOURSELF POPCORN NOR ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (THE “TREAT YOURSELF POPCORN PARTIES”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF REVENUE, PROFITS, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATEST OF (1) THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, (2) THE AMOUNT YOU SOLD IN A VIRTUAL STORE IN THAT PERIOD, OR (3) ONE HUNDRED DOLLARS (US $100).

 

17. Indemnity

You agree to indemnify and hold the Treat Yourself Popcorn Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms, (b) your violation of third-party rights, and (c) your illegal conduct.

 

18. Reservation of Rights

We specifically reserve all rights not expressly granted in these Terms and Conditions.

 

19. Severance and Waiver

If any provision of these Terms is held invalid, unlawful, or unenforceable, the remaining provisions remain in full force and effect. Our failure to exercise or enforce any right or provision will not constitute a waiver.

 

20. Venue and Choice of Law (Arbitration, Jury Trial, and Class Action Waiver)

EXCEPT AS OTHERWISE PROVIDED HEREIN, DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN HENDERSON, NEVADA, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

You acknowledge and agree the Services are deemed based in Nevada and do not give rise to personal jurisdiction outside Nevada. These Terms are governed by Nevada law. Arbitration shall be confidential under the AAA Commercial Arbitration Rules. If the parties cannot agree on an arbitrator within 20 days, the AAA will select one. Any award shall be in writing with explanations and may include costs and reasonable attorneys’ fees. A panel of three arbitrators, each meeting the experience criteria stated herein, shall preside. An award may be confirmed in a Nevada court.

Notwithstanding the foregoing, we may seek injunctive relief or specific performance in any court of competent jurisdiction, and you may bring an individual action in small claims court.

ARBITRATION MUST BE INITIATED WITHIN ONE (1) YEAR of the alleged conduct giving rise to the dispute; otherwise the claim is permanently barred.

 

21. Prevailing Parties

In actions to enforce or interpret these Terms, including arbitration and appeals, the prevailing party is entitled to recover reasonable attorneys’ fees in addition to costs, as determined by the tribunal.

 

22. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Services and supersede any other agreements between you and us concerning the same subject matter.

 

Complaints

We take complaints very seriously. Please submit complaints in writing to HappyCustomer@TreatYourselfPopcorn.com.

 

Questions or Suggestions

Please contact us at HappyCustomer@TreatYourselfPopcorn.com to report violations of these Terms or to ask questions.