Effective July 20th, 2023
 
We’ve drafted these Terms and Conditions (which we call the “Terms”) so you’ll know the rules that govern our relationship with you as a user of our Services. Although we have tried our best to strip the legalese from the Terms, there are places where they may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding contract between you and 23Branches LLC. (“23Branches”). So please read them carefully.

23branches’s application Barhop Social is a mobile application operated by 23Branches. 23branches is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein the Terms. Your use of this application, Barhop Social, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.   Barhop Social is a mobile application and will be referred to as “Barhop Social” or “Barhop” for the remained of this contract.   This app tracks your location and will display your location on a map to users you have added as friends while you are in a region that is defined as a bar and/or restaurant. Registered bars and/or restaurants will be able to push notifications directly to you, the user, if you are nearby that establishments predefined region or are inside a geofenced region. Restaurant and bars will be able to track user analytics to assist them in their marketing and advertising efforts.   Privacy

Your use of Barhop Social is subject to 23Branches’s Privacy Policy as well as Barhop Social’s Privacy Policy. If there are any conflicts between the two policies, the 23Branches’s Privacy Policy will supersede Barhop Social’s as 23Branches is the entity that governs the Barhop Social app and informs users of our data collection practices.

User Terms and Agreement

In addition to this contract, your use of Barhop Social is subject to our User Policy as well as our Establishment Page Terms. 

Electronic Communications

Visiting 23branches.com or sending emails to 23Branches constitutes as electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Barhop Social application, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this application, Barhop Social, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 23Branches is not responsible for third party access to your account that results from theft or misappropriation of your account. 23Branches and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

23Branches does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use 23branches.com only with permission of a parent or guardian.  

Cancellation/Refund Policy

You may cancel your subscription at any time. Please contact us at 23branches@gmail.com with any questions.  

Links to Third Party Sites/Third Party Services

23branches.com and Barhop Social may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of 23Branches and 23Branches is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 23Branches is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 23Branches of the site or any association with its operators. Certain services made available via 23branches.com and Barhop Social are delivered by third party sites and organizations. By using any product, service, or functionality originating from the 23branches.com domain, you hereby acknowledge and consent that 23Branches may share such information and data with any third party with whom 23Branches has a contractual relationship to provide the requested product, service, or functionality on behalf of 23branches.com and Barhop Social users and customers.  

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use 23branches.com and Barhop Social strictly in accordance with these terms of use. As a condition of your use of Barhop Social, you warrant to 23Branches that you will not use Barhop Social for any purpose that is unlawful or prohibited by these Terms. You may not use Barhop Social in any manner which could damage, disable, overburden, or impair Barhop Social or interfere with any other party’s use and enjoyment of Barhop Social. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Barhop. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on Barhop Social, is the property of 23Branches or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer, or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Barhop Social. 23Branches content is not for resale. Your use of Barhop does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of 23Branches and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of 23Branches or our licensors except as expressly authorized by these Terms.

Use of Communication Services

Barhop may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 23Branches has no obligation to monitor the Communication Services. However, 23Branches reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 23Branches reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 23Branches reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 23Branches’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 23Branches does not control or endorse the content, messages or information found in any Communication Service and, therefore, 23Branches specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Page Admins and Users are not authorized 23Branches spokespersons, and their views do not necessarily reflect those of 23Branches. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to 23Branches or Posted on Any 23Branches Web Page or Application

23Branches does not claim ownership of the materials you provide to 23Branches.com or Barhop  Social (including feedback and suggestions) or post, upload, input, or submit to any 23Branches site or application or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submissions you are granting 23Branches, our affiliated companies, and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. 23Branches and Barhop Social is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in 23Branches’s and Barhop Social’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

International Users

The Service is controlled, operated and administered by 23Branches from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 23Branches Content accessed through 23branches.com or Barhop Social in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification

You agree to indemnify, defend, and hold harmless 23Branches, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use Barhop Social or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 23Branches reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 23Branches in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.  

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Further, unless both you and 23Branches agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BARHOP SOCIAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 23BRANCHES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN BARHOP SOCIAL AT ANY TIME. 23BRANCHES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON BARHOP SOCIAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. 23BRANCHES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 23BRANCHES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BARHOP SOCIAL, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 23BRANCHES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF BARHOP SOCIAL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BARHOP SOCIAL.

Termination/Access Restriction

23Branches reserves the right, in its sole discretion, to terminate your access to Barhop Social and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of Barhop Social. Use of Barhop Social is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.   You agree that no joint venture, partnership, employment, or agency relationship exists between you and 23Branches as a result of this agreement or use of the Site. 23Branches’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 23Branches’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Barhop or information provided to or gathered by 23Branches with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 23Branches with respect to Barhop Social and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 23Branches with respect to Barhop Social. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

23Branches reserves the right, in its sole discretion, to change the Terms under which Barhop is offered. The most current version of the Terms will supersede all previous versions. 23Branches encourages you to periodically review the Terms to stay informed of our updates.  

Contact Us

23Branches welcomes your questions or comments regarding the Terms:

Email Address: 23branches@gmail.com