Introduction

Our mission is to streamline communication between establishment owners and their customers. Establishment Pages (“Business Services”) are designed to help organizations be found by potential customers and provide these organizations the chance to connect and to provide valuable information to Barhop Social members.

1. Contract

By creating, becoming an Administrator (as defined below), or continuing as an Administrator of a page (the “Page”) on our Business Services, you are agreeing to enter into legally binding contract terms between 23Branches LLC (as defined below and also referred to as “we”,“us” and “our” ) and your Organization (as defined below) represented by the Page. “Organization” means the business represented by your Page, which may only be a legal entity (company) or you, if you are operating the business in your individual capacity (such as a sole proprietorship). You also represent and warrant that you are authorized to enter into these contract terms on behalf of the Organization (collectively with the Organization, you and the other Administrators, if any, “You”).

If You do not agree to this contract (the “Contract” or “Service Terms”), do not register as an Administrator and do not access or otherwise use any of our Business Services (including creating, claiming or continuing as an Administrator for the Page). 

In addition to the Service Terms, Barhop Community Guidelines, Privacy Policy and apply to any use of our services. Additional terms may apply to specific features. For example, if You purchase premium features for the Page, such features may be subject to additional terms and payment obligations.

2. Obligations

You agree to only use the Business Services in accordance with these Service Terms.

2.1    Administrators. “Administrator(s)” are Member(s) who have signed up on the Business Services to be (or who were added as) “administrators” of the Page. You acknowledge and agree that: 

• The Page must have at least one Administrator identified for the Page. 
• Each Administrator of the Page must be a current registered member of Barhop Social (“Member”) with correct contact information.

2.2    Name Changes and Mergers.  Subject to Section 4, You agree to accurately reflect the identity of the Organization on the Page and to promptly update any name changes of the Organization, including any that may result from mergers, acquisitions or other restructuring. Please Contact Us with requests related to the Page.

2.3    Content and Conduct. You agree that:

• You will follow our “Do’s and Don’ts,” and keep content professional, respectful, relevant, and accurate.
• You will only post content that is truthful and does not infringe anyone else’s rights.
• You will only use the Business Services to identify and promote your own Organization.
• Your Organization operates a lawful business in accordance with applicable laws.
• You will ensure that all of the Organization’s actions (including by any Administrator) regarding the Page (such as all posts, additions, and deletions) comply with all applicable laws.

2.4    Compliance with Data Policies. 

As with our other 23Branches services, our collection, use and sharing of Your personal data is subject to our Privacy Policy (which includes other documents referenced in the Privacy Policy) and updates. You agree that You will comply with the Service Terms when collecting, using or otherwise processing any personal data related to Members. If You process data about Members (obtained either directly from 23Branches services, from any third party application that has integrated with 23Branches’ APIs, or otherwise), You must ensure that You have a legal basis for doing so and that Your processing is in compliance with applicable laws (including by clearly informing the Members about Your processing and obtaining their unambiguous consent where necessary). You are responsible for Your and Your agents’ processing of this data, including with respect to any secondary uses, disclosures or transfers of the data.

3. Intellectual Property

3.1    License. You grant to 23Branches (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish any content You provide to Barhop Social. The foregoing license survives termination of this Contract with regard to content provided prior to termination. You represent and warrant that you own or have all necessary rights (including intellectual property rights) to such content (including to grant the license above).

3.2   Feedback and Reservations of Rights. If You choose to provide suggestions and feedback to Barhop Social, You agree that Barhop Social (and its affiliates) can (but does not have to) use and share such feedback for any purpose without compensation to You. You may not disclose any information about our metrics or Member demographics. Barhop Social (and its affiliates) reserve all of our intellectual property rights in the Business Services.

4. Page Service Limits

You acknowledge and agree that:

• Any Administrator’s identity and actions related to the Page may be visible to others, including visitors and other Administrators of the Page.
• We may add or suspend any Administrator’s access to the Business Services (including administration of the Page) at any time at our own discretion.
• We may change or discontinue any of our services, including Business Services. In addition, Barhop Social reserves the right to remove any Page on the Business Services at any time without notice, including all, or part of, the Page’s content.
• We may modify the Page in accordance with our policies. For example, we may modify the Organization name on the Page and add clarification statements to the Page to address member confusion or conflicting trademark rights. In addition, we may (a) restrict any name change and have no obligations to perform any change, merger or other request, and (b) determine how name changes will be represented on profiles and on other references to the Organization on Barhop Social services.
• We are not obligated to publish any information or content on our Business Services (or other services) and can remove it in our sole discretion, with or without notice. Barhop Social may be required by law to remove certain information or content in certain countries.
• We do not promise to store or keep showing any information and content that You have posted. We have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable laws and as noted in our Privacy Policy.

5. Modification and Termination

5.1    Modification of Contract. We may modify this Contract from time to time. If we make material changes to the Contract, we will attempt to provide You notice through our Business Services (or by other means) to provide You the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If You object to any changes, You may terminate Your agreement to this Contract (in accordance with Section 5.2); however if You do not terminate Your agreement to this Contract, Your continued use of our Business Services after we publish or otherwise notify You about our changes to these terms means that You are consenting to the updated terms.

5.2    Termination of Contract. If You wish to terminate this Contract, at any time You can do so by (1) removing all Administrators of the Page, including Yourself (and others, if applicable); (2) deactivating the Page; (3) if you are the only Administrator, closing your Barhop Social account; and/or (4) notifying Barhop Social through Contact Us. Barhop Social has no obligation to de-activate the Page (even after termination). Barhop Social may terminate this Contract by de-activating the Page and/or by providing notice to at least one Administrator or otherwise to the Organization. Section 2.4 survives termination.

6. Warranty Disclaimer

BARHOP SOCIAL MAKES NO REPRESENTATION OR WARRANTY ABOUT THE BUSINESS SERVICES, INCLUDING ANY REPRESENTATION THAT THE BUSINESS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, BARHOP SOCIAL AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability

7.1    DAMAGES WAIVER. SUBJECT TO SECTION 7.3, TO THE FULLEST EXTENT PERMITTED BY LAW, LINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE BUSINESS SERVICES FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. 

7.2    LIABILITY CAP. SUBJECT TO SECTION 7.3, TO THE FULLEST EXTENT PERMITTED BY LAW, BARHOP SOCIAL AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE BUSINESS SERVICES FOR AN AMOUNT THAT EXCEEDS $2,000 USD.

7.3    EXCLUSIONS. THE LIMITATIONS OF LIABILITY STATED IN SECTIONS 7.1 AND 7.2 DO NOT APPLY TO BARHOP SOCIAL’S LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR ITS LIABILITY FOR DEATH OR PERSONAL INJURY.

8. Entity and Dispute Resolution

8.1    Barhop Social Entity. You are entering into this Contract with 23Branches Inc.

8.2    Governing Law. If an issue arises under this Contract and the contracting Barhop Social entity is (a) Barhop Social Corporation, then this Contract is governed by the laws of the State of Texas, and any action or proceeding (including those arising from non-contractual disputes or claims) related to this Contract will be brought in a state or federal court in Travis County, Texas. Each party irrevocably submits to the jurisdiction and venue of the applicable courts. The prevailing party in any litigation may seek to recover its legal fees and costs.

9. Miscellaneous

You may not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding of any person relating to the subject matter of the Contract, other than as stated in the Contract. We may notify you within the Business Services or via the contact information of one or more Administrators provided us (e.g., email, mobile number, physical address of any Administrator and/or Organization). You agree to keep your contact information up to date. Barhop Social accepts service of process by emailing 23branches@gmail.com. Any notices that You provide without compliance with this Section shall have no legal effect. If we do not act to enforce a breach of this Contract, that does not mean that Barhop Social has waived its right to enforce this Contract. The Contract does not create a partnership, agency relationship, or joint venture between the parties. Neither party has the power or authority to bind the other or to create any obligation or responsibility on behalf of the other. Under no circumstances will any employee of one party be deemed to be the employee of the other. You may not assign this Contract in whole or in part without Barhop Social’s prior written consent. Any attempted assignment in violation of this restriction is void. The Contract shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. If the Contract is translated into a language other than English, the translation is for convenience only, and the English language version will govern. Barhop Social may remotely monitor Your use of the Business Services to ensure compliance with the Contract. If any provision of the Contract is unenforceable, that provision will be modified to render it enforceable to the extent possible to give effect to the parties’ intentions and the remaining provisions will not be affected.