Terms Of Use

TERMS OF USE

Welcome to the Popbar (Pop Bar, LLC) website, www.pop-bar.com (the "Site"). By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. Pop Bar, LLC may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

COPYRIGHT AND TRADEMARK NOTICE

This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, artwork, user interfaces, visual interfaces, video, sound and other material (all such content collectively referred to as "Content"), and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, are protected under United States and international copyright laws and are the property of Pop Bar, LLC. or its third party licensors. All rights are reserved by Pop Bar, LLC. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of Pop Bar, LLC or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Pop Bar, LLC. is prohibited and may violate the copyright, trademark or unfair competition laws of the United States and/or other countries.

YOUR COMMENTS AND TRANSMISSIONS

We appreciate your comments, remarks, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications and submissions you disclose or transmit to us (collectively, "Submissions"). So long as no personally identifiable information is disclosed, Pop Bar, LLC is free to use the Submissions for any purpose whatsoever. By making a Submission, you grant Pop Bar, LLC. and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions and any related copyrights, moral rights or other intellectual property rights therein. Any such use is without compensation to you. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that Pop Bar, LLC.'s use of the Submission will not violate any third party's rights. Pop Bar, LLC is under no obligation to use any Submission or any part thereof.

We ask that you do not submit confidential information or materials to us. We will not keep the Submission confidential and we may use it as we see fit. By submitting anything to us, you acknowledge that the Submission is not confidential, or that even if you think that it is, you are waiving any rights you may have to the Submission being confidential or any ownership interest you think that you have in the Submission. Also, please do not submit anything to us that you have done for your employer during the course of your employment.

INDEMNIFICATION

You agree to defend, indemnify and hold Pop Bar, LLC and each of its subsidiaries, affiliates, franchisees, licensees, officers, directors employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

MODIFICATIONS TO THE SITE

Pop Bar, LLC reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site including but not limited to content, features or hours of availability. Pop Bar, LLC may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

PRIVACY

Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

DISCLAIMER

THIS SITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Pop Bar, LLC EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Pop Bar, LLC. DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Pop Bar, LLC OR ANY OF ITS SUBSIDIARIES, AFFILIATES, FRANCHISEES, LICENSEES, OFFICERS, DIRECTORS EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

GOVERNING LAW

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, NY and waive any objection to such jurisdiction or venue.

GENERAL PROVISIONS

These Terms constitute a binding agreement between you and Pop Bar, LLC and supersede all prior agreements between the parties regarding the subject matter herein. If any provision of the Terms shall be found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The Terms are effective until terminated by you or Pop Bar, LLC., which Pop Bar, LLC. may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site. All provisions of the Terms regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of the Terms.

OUR COMMITMENT TO PRIVACY

It is the policy of Pop Bar, LLC. to respect your privacy. To better protect your privacy we provide this notice explaining our online information practices at www.pop-bar.com (the "Site") and the choices you can make about the way your information is collected and used. This notice applies only to information collected or submitted on the Site. By using the Site, you agree to the collection and use of your information as described herein. We reserve the right to change these terms and will post any changes on this page so that you are always aware of what information we collect and how we use it. We encourage you to check this page regularly. Your continued use of the Site following any changes will constitute your acceptance of such changes.

THE INFORMATION WE COLLECT

There are several types of information we collect on the Site. On some pages on the Site, you can voluntarily provide personally identifiable information such as your name, postal address, e-mail address and phone number when you contact us with an inquiry, request, or suggestion, provide feedback on our products, participate in a marketing program, or register to receive promotional materials. If you are interested in applying for a job at Pop Bar, LLC, we may collect your resume. Holders of any popbar loyalty and gift card may voluntarily register their cards on the Site. When you purchase, register or reload your popbar loyalty and gift card, we collect the personally identifiable information listed above, financial information (credit card numbers, credit card expiration dates, billing address, etc.), and user profile and preferences information. We do not knowingly collect personally identifiable information from visitors to the Site who are under thirteen years of age.

THE WAY WE USE INFORMATION

Except as disclosed in this notice, we do not sell or disclose your personally identifiable information to third parties without providing you an opportunity to opt out or otherwise prohibit such use. We may access, use or disclose your personally identifiable information to operate, maintain, service or improve the Site; provide targeted e-mails, text messages, surveys, or promotional offers to you; analyze the Site to make it more effective; or for other general internal business purposes. If you opt in, we may send you promotions, special offers and alerts to you via text message. You may opt out to stop receiving these text messages at anytime.

In connection with any popbar loyalty and gift card, we will use the information collected to create an easy-to-use and convenient way to process your transactions and provide you information about yourpopbar loyalty and gift card balances. Financial information is not used for any other purpose than billing.

We may use third party contractors to help us operate our business and the Site or administer activities on our behalf, such as authorize credit card transactions. We may share your personally identifiable information with these contractors for those limited purposes.

We may use non-identifying and aggregate information about the Site and its users for internal purposes and we may share it with third parties to illustrate trends and user demographics.

If Pop Bar, LLC is sold to or merges with another company, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. We may also disclose your information when we determine it is necessary to comply with applicable laws or protect the interests or safety of popbar or other visitors to the Site.

LINKS

The Site may contain links to other sites, including among others those of advertisers and other third parties and companies whose trademarks appear on the Site. We are not responsible for the information collection practices or the content of the sites to which we link.

SECURITY

In connection with any popbar gift card, your personally identifiable and financial information are encrypted using SSL (Secure Socket Layer) encryption technology before being sent over the Internet. This is industry standard technology designed to protect the security of your information. To help prevent unauthorized access to your data, maintain data accuracy, and ensure the correct use of information, we have also established physical, electronic, and managerial procedures designed to safeguard and secure the information we collect online.

Notice Regarding Franchise Offers and Sales

  1. This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for information purposes only. There are approximately 14 countries and 15 US states that regulate the offer and sale of franchises. The countries are Australia, Brazil, Belgium, Canada (provinces of Alberta and Ontario), China, France, Indonesia, Italy, Japan, Malaysia, Mexico, Russia, South Korea, Spain, and the United States of America. The US states are California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of one of these states or countries, are receiving this message in one of these states or countries, or intend to operate a franchise in any of these states or countries, we will not offer you a franchise unless and until we have complied with any applicable pre-sale registration and/or disclosure requirements in the applicable jurisdiction.

  2. This offering is not an offering of a franchise. In New York (USA), an offering of a franchise can only be made by a prospectus that has been previously filed and registered with the Department of Law of the State of New York. The application for registration of an offering prospectus or the acceptance and filing thereof by the Department of Law as required by the New York law does not constitute approval of the offering or the sale of such franchise by the Department of Law or the attorney general of New York.

  3. OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF BUSINESS OVERSIGHT. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF BUSINESS OVERSIGHT AT www.dbo.ca.gov. 

If you have any questions or comments about these Terms of Use, please e-mail us at info@pop-bar.com.