Terms of service
Pop Art Snacks, LLC Terms of Use – Updated December 2021
Pop Art Snacks Subscription Terms
Your Pop Art Snacks membership enrolls you into a recurring home delivery subscription. Approximately two weeks after joining, you will receive your first full shipment billed to the credit card you provided. By enrolling, you have agreed to become part of the Pop Art Snacks family where you will receive recurring deliveries. The charge on your credit card statement will appear as Pop Art Snacks LLC or Braintree. There is never an obligation to purchase additional snacks and you always have complete freedom to change your snacks selections or shipping frequency, and of course, you can cancel anytime simply by visiting Pop Art SnacksSnacks.com and logging into your online dashboard or calling our Customer Concierges 24 hours per day, 7 days per week.
Get Special Edition Snackss Available Only to Customers
As a member of the Pop Art Snacks® home delivery subscription program, you will also receive exclusive special reserve blends, single origin snackss and seasonal flavors curated by our Master Roaster as they become available. These can be viewed in your Online Dashboard once we curate and set an availability date. As with all shipments, we will email you in advance of these special editions and seasonal flavors so you can see the description and pricing in your online dashboard. As always, you can skip or cancel any shipment at any time simply by logging into your dashboard or calling our Customer Concierges.
Customize the Program to Your Snacks Needs
You have the complete freedom to change your product selections and shipping frequency. Simply visit Pop Art SnacksSnacks.com to manage your account with your online dashboard or call toll free 1-855-642-6672 24 hours per day, 7 days per week and one of our Customer Concierges will gladly provide all the assistance you need. In addition, you do not need to meet some minimum purchase requirement. You can cancel home delivery at any time by logging into your online Dashboard at Pop Art SnacksSnacks.com or by calling Pop Art Snacks® Customer Care if your snacks has not arrived within 7 days please call our Customer Care. .Representatives prior to contacting your bank, we are always happy to help with any of your snacks needs.
Pop Art Snacks 100% Guarantee
If you are not 100% satisfied with your Pop Art Snacks Products , for any reason whatsoever, return it within 30 days and we will gladly replace it or provide a full refund less the shipping and handling cost. Please reach out to us by calling us at 1-855-642-6672 or email us at customerservice@Pop Art Snackssnacks.com and one of our Customer Care Representatives will gladly provide all the assistance you need with your return and refund. It is customary for banks to take a few days to show the refunded amount on your statement. If you request a refund and you do not see your refund within 3 business days, please call our Customer Care Representatives at 1-855-642-6672 before you call your bank and we would be happy to assist you.
Additional Details You Should Know
At this time, Pop Art Snacks® Snacks is only available for delivery to addresses within the U.S., Virgin Islands, and Puerto Rico. Special offers are only available for new Pop Art Snacks® customers. Membership in the Pop Art Snacks® home delivery program is limited to one per household. All orders are subject to approval. All promoted Pop Art Snacks® offers are good only while supplies last and/or may be withdrawn at any time. Due to fluctuations in the market, product prices and shipping/handling fees are subject to change at any time without prior notice. In the event the gifts or rewards as shown become unavailable, we reserve the right to substitute a similar item of equal or greater value. Along with future shipments, you will also earn points that can be redeemed within 6 months.
Customize the Program to Your Needs.
You have the complete freedom to change your snacks selections and shipping frequency. Simply go to your online customer dashboard at Pop Art Snacks Snacks.com or call toll free 1-855-642-6672 and one of our Customer Concierges will gladly provide all the assistance you need. In addition, you do not need to meet some minimum purchase requirement. You can cancel home delivery at any time by going to your online customer dashboard at Pop Art SnacksSnacks.com or by calling Pop Art Snacks Customer Care at 1-855-642-6672. Customer Care Representatives are available 7 days per week, 24 hours per day to help with any of your account needs. Should you have any issues with your account such as shipping timing or delivery issues, please call our Customer Care Representatives prior to contacting your bank.
The Pop Art Snacks Store
If you did not enroll in the Pop Art Snacks Snacks or Pop Art Snacks Snacks subscription but purchased full price products from our store, you have not and will not be enrolled in a subscription program. This is a one-time purchase separate from our subscription. If you are not 100% satisfied with your Pop Art Snacks Snacks, for any reason whatsoever, return it within 30 days and we will gladly replace it or provide a full refund less the shipping and handling cost. The charge on your credit card statement will appear as Pop Art Snacks LLC or Braintree. Should you have any issues with your purchase please contact our Customer Care Representatives prior to calling your bank. Our Customer Care Representatives are available 7 Days per week, 24 hours per day to help with any of your Pop Art Snacks needs.
Pop Art Snacks Rewards Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE JOINING IN THE POP ART SNACKS REWARDS PROGRAM.
The Pop Art Snacks Rewards Program (“Program”) is brought to you by Pop Art Snacks LLC, and benefits shall be considered void where prohibited by law. By participating in the Program, you also consent to the Program terms and conditions set out below. Taxes may apply where required by law. Pop Art Snacks LLC assumes no liability for any user's participation that contravenes the laws or regulations of his or her place of residence. Participation is subject to present and future program rules. Participation is valid only on www.PopArtSnacks.com and program rewards (“Points”) may only be earned and redeemed on the www.PopArtSnacks.com (“website”).
No purchase is necessary to participate in the Program. All users who sign up for a customer account at www.PopArtSnacks.com with a valid username and password are automatically enrolled in the Program and can begin earning and redeeming Points. Guest users are not automatically enrolled in the program and will not earn points for purchases.
Pop Art Snacks LLC specifically reserves the right to terminate, cancel, suspend and/or modify the Program, or any specific user's participation in the Program, if any fraud, virus or other technical problem corrupts the administration, security, safety or proper function of Program, as determined by Pop Art Snacks LLC in its sole discretion. In addition, Pop Art Snacks LLC reserves the right, in its sole and absolute discretion, to terminate, cancel, suspend and/or permanently ban any specific user's participation in the Program if Pop Art Snacks LLC suspects that such user is conducting fraudulent activity to acquire, accumulate or spend Points including, but not limited to, by a user creating multiple Program accounts, false referrals, etc.
Eligibility
The Program is offered only in the United States to individuals who are: (a) over 18 years of age as of the date of their first participation in the Program; and (b) legal US residents. When registering for the Program you agree to register only one (1) account for the purpose of accruing or earning Points. Employees (and all the members of the immediate families or households of such employees) of the Website Owner, and their parents, affiliates, and subsidiaries are eligible to participate in the Program.
Earning Points
Users must be logged into their www.PopArtSnacks.com account to earn points. Users earn 30 Points upon registering for an account on www.PopArtSnacks.com. Registered users subsequently earn 1 Point for every $1 spent on individual case or 2 Points for every $1 spent on subscription purchases placed on www.PopArtSnacks.com or as auto-shipped www.PopArtSnacks.com subscription orders. Points are earned based on the amount actually spent on www.PopArtSnacks.com products, not on the amounts of any discounts, account credits, taxes or shipping. If an order is cancelled, Points awarded for the purchase will be cancelled.
Registered users who refer a new customer to www.PopArtSnacks.com earn 100 Points for each successful new customer referral. To qualify, the referred person must place an order on www.PopArtSnacks.com and be a new customer on the website. Customers may not refer anyone who has an existing www.PopArtSnacks.com account under an alternate email address or a variation of their name.
From time to time, Pop Art Snacks LLC may amend the requirements for earning or redeeming Points, without notice to users. Users only earn Points based on activity on and via the www.PopArtSnacks.com website. Users will be able to check the amount of Points accumulated in their account by logging in to their account on www.PopArtSnacks.com and viewing the Program account page (www.PopArtSnacks.com/pages/rewards).
Users may not redeem or exchange accumulated Points for cash. Points have no cash value and do not constitute property of the user. Users may not give, donate, transfer or share their Points to another user’s account. Pop Art Snacks reward points will expire 6 months after the customer’s last purchase.
Redeeming Points
Points may be redeemed by logged-in users when making a purchase on www.PopArtSnacks.com. Users must login to their account in order to redeem Points and claim rewards on the Program landing page (www.PopArtSnacks.com /pages/rewards) or in the Shopping Cart when checking out on the website.
Unless otherwise specified, Points may not be redeemed in conjunction with other discounts or special offers. Pop Art Snacks LLC may limit the number of Points which may be redeemed at one time. Users may redeem only one discount reward per purchase. However, users may redeem both product rewards (for example, to receive a free Pop Art Snacks product) and a discount reward in a single purchase.
Points do not carry any cash value and can only be redeemed for product rewards or discount rewards as promoted on the Pop Art Snacks site. Pop Art Snacks gift cards cannot be purchased using Pop Art Snacks reward/loyalty points. Further, Pop Art Snacks gift cards cannot be used to purchase additional Pop Art Snacks gift cards. Pop Art Snacks gift cards can only be used to purchase Pop Art Snacks products. Any attempt to purchase an Pop Art Snacks gift card with an Pop Art Snacks gift card will be considered fraudulent and the order will not be processed.
Pop Art Snacks LLC in its sole discretion reserves the right to determine the redemption options available to users at any given time and to set and modify the Point values associated with these redemption options, without notice to users.
The system will update the user’s remaining Points after Points are redeemed. Rewards cannot be applied to past purchases. Unredeemed Points shall expire six (6) months after being earned if the customer makes no subsequent purchases. The expiration for Unredeemed Points resets to six (6) months from the date of any subsequent purchases. In addition, points will automatically expire if a user’s account is revoked or otherwise cancelled in accordance with www.PopArtSnacks.com.com terms and conditions.
Account Information
You must be logged in to your www.PopArtSnacks.com account to access and redeem your Points. You may view your point balance at (www.PopArtSnacks.com /pages/rewards). The information you provide will be handled in accordance with the www.PopArtSnacks.com privacy policy available at https:// www.PopArtSnacks.com /pages/privacy-policy.
Account Termination
Participation in the Program is a privilege granted to www.PopArtSnacks.com users and as such can be suspended, revoked or terminated at any time by Pop Art Snacks LLC. for any reason or for no reason. In the event of termination of your participation, all benefits including all accrued Points and other program benefits will automatically and immediately be forfeited. In the event of termination of a user’s participation or a termination of the Program by Pop Art Snacks LLC, Pop Art Snacks LLC has no liability to participants for unused Points or other program benefits.
Account Cancellation
You may cancel your participation in the Program at any time by deleting your www.PopArtSnacks.com customer account. Once cancelled, all Points earned are voided and may not be redeemed on any future purchase. Please contact CustomerService@PopArtSnacks.com for assistance in canceling your account.
Limitation of Liability
POP ART SNACKS LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON POP ART SNACKS LLC's LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM POP ART SNACKS LLC AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Program Changes
Pop Art Snacks LLC reserves the right to vary any or all of the terms of the Program, to amend these Terms of Service, or to terminate the Program, at any time without notice and without further obligations to users, including, but not limited to, modifications which: a) govern Points earned on and after the date of the change; or b) change the value of already accumulated Points. Notice of any such changes, amendments or termination may be provided to users via email, or by being posted on the www.PopArtSnacks.com website and will be effective immediately, unless otherwise stated in such notification.
Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of DE and any dispute shall be subject to binding arbitration in DE. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidatedaction or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within these Terms (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms, and the remainder of these Terms will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
Last revised:February 1, 2021
ReChargeSMS (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In
The Program allows Users to receive SMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or predetermined mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, STOPALL, to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out.
You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set.
forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.
This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONSPROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the management of the users digital subscription, services, and events.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions
For support regarding the Program, text “HELP” to the number you received messages from or email us at wesley@rechargeapps.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is.
Dispute Resolution
In the event that there is a dispute, claim, or controversy between you and Us, or between you and ReChargeSMS or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ReChargeSMS’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or terminationof your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibilityto review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.