using the The Perfect Pear Juice Bar’s website, you consent to the data practices
described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, The
Perfect Pear Juice Bar may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
- Job Title
If you purchase The Perfect Pear Juice Bar products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
The Perfect Pear Juice Bar may also collect anonymous demographic information,
which is not unique to you, such as your:
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through The Perfect Pear Juice Bar public message boards, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include:
(a) registering for an account on our Site; (b) entering a sweepstakes or contest
sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site.
We will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
The Perfect Pear Juice Bar collects and uses your personal information to operate its website(s) and deliver the services you have requested.
The Perfect Pear Juice Bar may also use your personally identifiable information to inform you of other products or services available from The Perfect Pear Juice Bar and its affiliates.
Sharing Information with Third Parties
The Perfect Pear Juice Bar does not sell, rent or lease its customer lists to third parties.
The Perfect Pear Juice Bar may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. The Perfect Pear Juice Bar may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Perfect Pear Juice Bar, and they are required to maintain the confidentiality of your information.
The Perfect Pear Juice Bar may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Perfect Pear Juice Bar or the site; (b) protect and defend the rights or property of The Perfect Pear Juice Bar; and/or (c) act under exigent circumstances to protect the personal
safety of users of The Perfect Pear Juice Bar, or the public
Tracking User Behavior
The Perfect Pear Juice Bar may keep track of the websites and pages our users visit within The Perfect Pear Juice Bar, in order to determine what The Perfect Pear Juice Bar services are the most popular. This data is used to deliver customized content and advertising within The Perfect Pear Juice Bar to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by The Perfect Pear Juice Bar. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the The Perfect Pear Juice Bar website.
The Perfect Pear Juice Bar website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer.
Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a
specific page. For example, if you personalize The Perfect Pear Juice Bar pages, or register with The Perfect Pear Juice Bar site or services, a cookie helps The Perfect Pear Juice Bar to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same The Perfect Pear Juice Bar website, the information you previously provided can be retrieved, so you can easily use the The Perfect Pear Juice Bar features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the The Perfect Pear Juice Bar services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
The Perfect Pear Juice Bar secures your personal information from unauthorized
access, use, or disclosure. The Perfect Pear Juice Bar uses the following methods for
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other
websites, it is protected through the use of encryption, such as the Secure Sockets
Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access
to or alteration of your personal information. Unfortunately, no data transmission over
the Internet or any wireless network can be guaranteed to be 100% secure. As a result,
while we strive to protect your personal information, you acknowledge that: (a) there are
security and privacy limitations inherent to the Internet which are beyond our control;
and (b) security, integrity, and privacy of any and all information and data exchanged
between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you,
● • Delete your personal information from our records; and
● • Direct any service providers to delete your personal information from their
Please note that we may not be able to comply with requests to delete your personal
information if it is necessary to:
● • Complete the transaction for which the personal information was collected, fulfill
the terms of a written warranty or product recall conducted in accordance with
federal law, provide a good or service requested by you, or reasonably
anticipated within the context of our ongoing business relationship with you, or
otherwise perform a contract between you and us;
● • Detect security incidents, protect against malicious, deceptive, fraudulent, or
illegal activity; or prosecute those responsible for that activity;
● • Debug to identify and repair errors that impair existing intended functionality;
● • Exercise free speech, ensure the right of another consumer to exercise his or
her right of free speech, or exercise another right provided for by law;
● • Comply with the California Electronic Communications Privacy Act;
● • Engage in public or peer-reviewed scientific, historical, or statistical research in
the public interest that adheres to all other applicable ethics and privacy laws,
when our deletion of the information is likely to render impossible or seriously
impair the achievement of such research, provided we have obtained your
● • Enable solely internal uses that are reasonably aligned with your expectations
based on your relationship with us;
● • Comply with an existing legal obligation; or
● • Otherwise use your personal information, internally, in a lawful manner that is
compatible with the context in which you provided the information.
Children Under Thirteen
The Perfect Pear Juice Bar does not knowingly collect personally identifiable
information from children under the age of thirteen. If you are under the age of thirteen,
you must ask your parent or guardian for permission to use this website.
Disconnecting your Perfect Pear Juice Bar Account from Third Party Websites
You will be able to connect your Perfect Pear Juice Bar account to third party accounts.
BY CONNECTING YOUR Perfect Pear Juice Bar ACCOUNT TO YOUR THIRD PARTY
ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO
THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN
ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY
SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING
PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER,
DO NOT USE THIS FEATURE. You may disconnect your account from a third party
account at any time. Visiting My Account Page
From time to time, The Perfect Pear Juice Bar may contact you via email for the
purpose of providing announcements, promotional offers, alerts, confirmations, surveys,
and/or other general communication. In order to improve our Services, we may receive
a notification when you open an email from The Perfect Pear Juice Bar or click on a link
therein. If you would like to stop receiving marketing or promotional communications via
email from The Perfect Pear Juice Bar, you may opt out of such communications by
clicking on the UNSUBSCRIBE button..
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom
we have contracted.
Changes to this Statement
time. We will notify you about significant changes in the way we treat personal
information by sending a notice to the
primary email address specified in your account, by placing a prominent notice on our
site, and/or by updating any privacy information on this page. Your continued use of the
Site and/or Services available through this Site after such modifications will constitute
and be bound by that Policy.
The Perfect Pear Juice Bar welcomes your questions or comments regarding this
Statement of Privacy. If you believe that The Perfect Pear Juice Bar has not adhered to
this Statement, please contact The Perfect Pear Juice Bar:
The Perfect Pear Juice Bar
1122 Old Chattahoochee Ave NW
Atlanta, GA 30318
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS 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 prerecorded marketing 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, END, CANCEL, UNSUBSCRIBE, or QUIT 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 REGULATIONS PROMULGATED 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 marketing and sale of digital and physical products, 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 email@example.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.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
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 sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript 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 Atlanta, GA, Georgia 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 Perfect Pear Juice Bar’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 termination of 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 responsibility to 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.
Effective as of May 26, 2021