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23Branches User Agreement

Updated: August 29th, 2023

Our mission is to streamline communication between establishment owners and their customers. Our services are designed to promote economic opportunity for our establishment members and allow users to locate their friends, discover new locations, and find specials in their area.

Introduction

1.1 Contract

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Sign Up” similarly, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with 23Branches LLC (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account, emailing 23branches@gmail.com and no longer accessing or using our Services.

Services

This Contract applies to Barhop Social, 23Branches.com, and 23Branches apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members”, unregistered users are “Visitors”, page owners are “Page Admins”.

23Branches

You are entering into this Contract with 23Branches LLC (also referred to as “we” and “us”).

If you reside inside of the United States, you are entering into this Contract with 23Branches LLC. (“23Branches”) who will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

This Contract applies to Members, Visitors, and Page Admins.

As a Visitor, Member, or Page Admin of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes other documents referenced in this Privacy Policy) and updates.

1.2 Members, Visitors, and Page Admins

When you register and join the Barhop Social Services, you become a Member. Some members may become Page Admins. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.3 Change

We may make changes to the Contract.

We may modify this Contract and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our 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 close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Service Eligibility

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Services are not for use by anyone under the age of 18.

To use the Services, you agree that: (1) you must be the “Minimum Age”(described below) or older; (2) you will only have one Barhop Social account, which must be in your real name; and (3) you are not already restricted by Barhop Social from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

“Minimum Age” means 18 years old. However, if law requires that you must be older in order for Barhop Social to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

You will keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Members and Page Admins are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Page Admin position bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account. They only have rights to the associated page they registered for you to manage.

2.3 Payment

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. 

Refunds are subject to our policy.

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. To cancel please email 23branches@gmail.com or contact a Barhop Social Representative.
  • All of your purchases of Services are subject to a refund after review by a Barhop Social representative.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

You can get a copy of your invoice by contacting 23Branches@gmail.com or by contacting a Barhop Social representative.

2.4 Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

2.5 Sharing

When you share information on our Services, others can see, copy and use that information.

Our Services allow messaging and sharing of information in many ways, such as your profile, fire sales, daily specials, group chats, and messaging. Information and content that you share or post may be seen by other Members, Visitors, Page Admins or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Barhop Social friends, restricting your profile visibility from search engines, or opting not to notify others of your Barhop Social profile).

For location based services we default to displaying your location to all added friends. You can switch to Private Mode to allow only favorited friends to see your profile or to Ghost Mode so no one can see your profile. For maximum privacy, we recommend leaving your Barhop Social account in Ghost Mode.

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

3. Rights and Limits

3.1. Your License to Barhop Social

You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.

We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.

As between you and Barhop Social, you own the content and information that you submit or post to the Services, and you are only granting Barhop Social and our affiliates the following non-exclusive license:

A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.
  3. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public, everyone, or similar”, we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
  4. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

You and Barhop Social agree that if content includes personal data, it is subject to our Privacy Policy.

You and Barhop Social agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Barhop Social, you agree that Barhop Social can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide information and content that you have the right to share, and that your Barhop Social profile will be truthful.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Barhop Social may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change or end any Service or modify our prices prospectively.

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

We don’t promise to store or keep showing any information and content that you’ve posted. Barhop Social is not a storage service. You agree that 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 law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Barhop Social generally does not review content provided by our Members, Page Admins, or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let others know you or your organization were mentioned in the news. 

Barhop Social may help connect Members offering their services (marketing strategy, ect.) with Page Admins seeking services. Barhop Social does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Barhop Social does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Barhop Social is not responsible for the offering, performance or procurement of these services, (2) Barhop Social does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Barhop Social and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Establishment Page Terms and notify Barhop Social by emailing 23Branches@gmail.com.

Similarly, Barhop Social may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) Barhop Social is not responsible for the conduct of any of the Members or other attendees at such events, (2) Barhop Social does not endorse any particular event listed on our Services, (3) Barhop Social does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

3.4 Limits

We have the right to limit how you connect and interact on our Services.

Barhop Social reserves the right to limit your use of the Services, including the number of your friends and your ability to contact other Members. Barhop Social reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Establishment Page Terms).

3.5 Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

Barhop Social reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Barhop Social, and “23Branches” logos and other Barhop Social trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Barhop Social.

3.6 Automated Processing

We use data and information about you to make relevant suggestions to you and others.

We use the information and data that you provide and that we have about Members to make recommendation, content, and features that may be useful to you. For example, we use data and information about you (such as current location) to send daily specials and fire sales directly to your device. Keeping your profile accurate and location services on helps us to make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

BARHOP SOCIAL AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BARHOP SOCIAL AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS BARHOP SOCIAL HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), BARHOP SOCIAL, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

BARHOP SOCIAL AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO BARHOP SOCIAL FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.

4.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and Barhop Social and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Barhop Social or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. Termination

We can each end this Contract, but some rights and obligations survive.

Both you and Barhop Social may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members, Page Admins, and/or Visitors’ rights to further re-share content and information you shared through the Services;
  • Sections 4, 6, 7, and 8.2 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.

You can Contact Us to close your account.

6. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, depending on where you live, you and Barhop Social agree to resolve it in Texas courts using Texas law.

7. General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that Barhop Social has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Barhop Social may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice by emailing 23Branches@gmail.com.

9. Complaints Regarding Content

Contact information for complaint about content provided by our Members or Page Admins.

We respect the intellectual property rights of others. We require that information posted by Members and Page Admins be accurate and not in violation of the intellectual property rights or other rights of third parties. Contact us at 23Branches@gmail.com for complaints concerning content posted by our Members.

10. How To Contact Us

For general inquiries, you may Contact Us. For legal notices or service of process, you may email us at 23Branches@gmail.com