Terms & Conditions

Last Updated: March 6, 2022

These Website Terms of Use and Service (these “Terms”) form a binding agreement between you and Pipeline Poke LLC (“Pipeline Poke”, “we” or “us”). These Terms set forth the terms and conditions governing your use of the website owned and operated by Pipeline Poke, located at https://www.pipeline-poke.com (the “Site”) and any services provided by Pipeline Poke via the Site (collectively the “Service”). These Terms do not apply to any software application, including, without limitation, the Pipeline Poke Rewards App (“Application”), the Pipeline Poke Rewards Program or its Gift Cards, all of which are subject to their own terms and conditions. These Terms apply to all users of the Service, including without limitation users who are browsers of the Site, vendors, customers, or merchants of Pipeline Poke, or contributors of content to the Service.
Please read these terms carefully, including the arbitration agreement requiring mandatory binding arbitration set forth in section 12. By accessing the site or using the service you represent to Pipeline Poke that you have read, understand and agree to be bound by these terms. If you do not agree to be bound by these terms, you may not access or use any portion of the service. 
Modifications
We may modify these Terms at any time by any means of notice deemed to be reasonable under the circumstances, in our sole discretion, including by posting the revised version to the Site or any Application, as applicable (each a “Revised Version”) on the Site. Any Revised Version will be effective as of the time it is posted or otherwise communicated to you, but no Revised Version will apply retroactively. Your continued use of the Service after you receive any such notification of a Revised Version constitutes your acceptance of such Revised Version. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS
Capacity to Agree
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Service.
Our Products
Products. The Service enables Pipeline Poke to offer, to you and other users, various food, beverage and other related products (collectively, the “Products”). The Products advertised or otherwise made available for purchase via the Service or any Third-Party Service are determined solely by Pipeline Poke. We reserve the right to modify, discontinue, suspend or otherwise limit the sales of any of our Products to any person, based on geographic region, jurisdiction, availability or otherwise, and you acknowledge that we may exercise this right on a case-by-case basis. Pipeline Poke will have no liability to you or to any third party for any such modification, discontinuation, suspension, limitation or unavailability of any Products.
Product Pricing. Any Product pricing listed on any part of the Service or any Third-Party Service (each defined below) is subject to change without notice to you. Pipeline Poke reserves the right to, at any time, modify such pricing, for any Product, without advance notice to you. We will not be liable to you or to any third party for any such modification.
Applications
You acknowledge and agree that the availability of any Applications is dependent on the third party from whom you received the Application license (e.g., the Apple iTunes or Google Play app stores) (each an “App Store”). You further acknowledge that these Terms are between you and Pipeline Poke and not with any applicable App Store. Pipeline Poke, not such App Store, is solely responsible for its own Application, with applicable third parties responsible for any such third party Applications, the content thereof, and the maintenance, support services, and warranty, if any, therefor, and for addressing any claims relating thereto (e.g., products liability claims, legal compliance or intellectual property infringement). In order to use any Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using any part of the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
Third-Party Services, Links, and Materials.
Third-Party Services. We may provide you with access, via the Service, to certain tools and services provided by third parties, including any Delivery Services (defined below) (each a “Third-Party Service”). You acknowledge that we neither monitor nor have any control over any Third-Party Service and agree that your use of any Third-Party Services offered through the Service is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms and conditions upon which such Third-Party Services are provided by the relevant third-party provider (“Third-Party Terms”). Any Third-Party Service to which we provide you access, whether via a hyperlink provided via the Service, is provided by Pipeline Poke “as is” and “as available,” without any warranties, representations or conditions of any kind and without any endorsement by us. Pipeline Poke will have no liability whatsoever arising from or relating to your use of any Third-Party Services.
Third-Party Links; Third-Party Materials. We may, via hyperlinks provided through the Service (“Third-Party Links”), provide you with the ability to access certain third-party websites and content owned or offered by third-parties (“Third-Party Materials”). Any Third-Party Links you click on via the Service may direct you to Third-Party Materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any Third-Party Materials. We are not liable for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transactions made in connection with any Third-Party Links or Third-Party Materials. Please review carefully the applicable third-party’s policies and practices and make sure you understand them before you engage in any such transaction. Complaints, claims, concerns, or questions regarding any Third-Party Services, Third-Party Links, or Third-Party Materials should be directed to the applicable third party.
Delivery Services. Any delivery service you use to order Products from Pipeline Poke, whether accessed through a Third-Party Link or otherwise (each a “Delivery Service”), is at your sole discretion. All Delivery Services are subject to only the terms and conditions provided by the provider of such Delivery Service, and Pipeline Poke will have no liability to you for issues that may arise from your use of any such Delivery Service. Notwithstanding anything to the contrary herein, you agree that, with respect to any Products ordered via the Third-Party service provider systems, you accept the terms and conditions set forth in their respective Terms of Service and their Privacy Policy, each of which is available to you when you order any of our Products.
User Content.
Personal Information. Your submission of personally identifiable information via the Service is governed by our Privacy Policy (“PII”).
User Comments. You may be provided the ability to upload to the Service or otherwise submit to Pipeline Poke, with or without our request, whether online, by email, by postal mail, or otherwise, certain content, including feedback, recommendations, reviews, suggestions, proposals, plans, creative ideas or other materials, whether your original content or that of a third party (collectively, “User Comments”). You agree that Pipeline Poke may use User Comments without restriction at any time, including but not limited to editing, copying, publishing, distributing, or translating such User Comments, in any form or medium. Pipeline Poke is and will be under no obligation to (1) maintain any User Comments in confidence; (2) pay compensation to you or any third party for use of any User Comments; or (3) respond to any User Comments.
User Content. You represent and warrant to Pipeline Poke that any PII or User Comments (collectively, the “User Content”) you upload to the Service or otherwise submit to Pipeline Poke will not violate any right of any third-party, including any copyright, trademark, or other intellectual property right or any privacy, personality or other personal or proprietary right of a third party. You further agree that any such User Content will not contain any libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of any part of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for the truthfulness and accuracy of any User Content you provide via the Service, and Pipeline Poke disclaims any and all responsibility and liability for any such User Content.
Intellectual Property Ownership
Except for any PII and User Content (subject to the rights granted to Pipeline Poke with respect thereto), you provide to Pipeline Poke via the Service, you agree that Pipeline Poke owns all rights, title and interest in and to all other content included in any and all parts of the Service, and that all trademarks, service marks, trade names, brand names, logos and other source identifiers related thereto or included therein (“Marks”) that appear on or in connection with any Products or any part of the Service are exclusively the property of Pipeline Poke and its affiliates, licensors (including Pipeline Poke) or licensees, as applicable. You are not authorized to use any Marks in any manner other than as expressly permitted in writing by Pipeline Poke.
Term; Termination
These Terms will remain effective unless and until terminated by either you or Pipeline Poke. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using the Service. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms Pipeline Poke may suspend your ability to use the any or all parts of the Service or may terminate these Terms, in our sole discretion, effective immediately, with or without notice to you. Upon termination of these Terms, your right to use the Service will automatically terminate immediately. Pipeline Poke will not have any liability whatsoever to you for any such suspension or termination. All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers and limitation of liability.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. ALL PARTS OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PIPELINE POKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. PIPELINE POKE MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN RISK, AND PIPELINE POKE MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIPELINE POKE OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability
YOU UNDERSTAND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PIPELINE POKE OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF PIPELINE POKE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, EXCEED ONE HUNDRED DOLLARS ($100). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Indemnification
You agree to indemnify, defend and hold harmless Pipeline Poke and its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the Service; (b) any information you submit or transmit through the Service, including any User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party in connection with your use of the Service; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Service.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the terms of this Section 12 (this “Arbitration Agreement”) carefully. It is part of your contract with Pipeline Poke and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY.
(a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (n) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to these Terms and use of the Service or Products that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of these Terms and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Pipeline Poke, and to any of your or Pipeline Poke’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent via email or by mail. Any Notice to Pipeline Poke shall be sent to either info@pipeline-poke.com or 102 Autumn Hall Drive Suite 130, Wilmington, NC 28403. After Notice is received, you and Pipeline Poke may attempt to resolve the claim or dispute informally. If you and Pipeline Poke do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding.
(c) Arbitration Rules. Arbitration shall be administered by a Pipeline Poke’s chosen arbitration services company “Arbitration Services” and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the Arbitration Services Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, Arbitration Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through Arbitration Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of Arbitration Services shall select an independent arbitrator pursuant to the procedures set forth in the Arbitration Services Arbitration Rules, Paragraph 11. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless required under applicable law, otherwise ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. Arbitration will take place in Wilmington, North Carolina; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
(d) Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the Arbitration Services Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the Arbitration Services Arbitration Rules.
(e) Time Limits. If you or Pipeline Poke pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Pipeline Poke. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, Arbitration Services Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pipeline Poke.
(g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court.
(h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Pipeline Poke.
(m) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Pipeline Poke may bring an individual action in small claims court.
(n) Claims Not Subject To Arbitration. Notwithstanding anything to the contrary contained in this Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
(o) Courts. In the event any litigation should arise between you and Pipeline Poke in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within New Hanover County, North Carolina.
Miscellaneous
Governing Law. These Terms shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, without regard to principles of conflict of laws. Pipeline Poke and you also agree to apply North Carolina Revised Uniform Arbitration Act (“RUAA”) which regulates private arbitration in North Carolina. 
Notice. Where Pipeline Poke requires that you provide an email address, you are responsible for providing Pipeline Poke with your most current email address. If the last email address you provided to Pipeline Poke is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Pipeline Poke’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Pipeline Poke only at the following address: Pipeline Poke LLC, 102 Autumn Hall Drive Suite 130 Wilmington, NC 28403, with a copy to info@pipeline-poke.com. Such notice shall be deemed given when received by Pipeline Poke by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
Export Control. You may not use, export, import, or transfer any part of the Service or any Products except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such Products or such Service, and any other applicable laws. In particular, but without limitation, no Product and no part of the Service may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Service, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service or any Products for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by the Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any Products or any part of the Service or any other technology of Pipeline Poke, either directly or indirectly, to any country in violation of such laws and regulations.
Electronic Communications. The communications between you and Pipeline Poke use electronic means, whether you visit the Service or send Pipeline Poke emails, or whether Pipeline Poke posts notices on any part of the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Pipeline Poke in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pipeline Poke provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Pipeline Poke, its affiliates and each of their officers, directors, employees, and agents and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Service, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Pipeline Poke’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All or any of Pipeline Poke’s rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Pipeline Poke’s assets.
Force Majeure. Pipeline Poke shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, failures of the internet or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions or complaints with respect to the Site, Service, or Products provided by Pipeline Poke, please contact us by writing to: Pipeline Poke, LLC, 102 Autumn Hall Drive Suite 130, Wilmington, NC 28403, with a copy to info@pipeline-poke.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Consumer Complaints. In accordance with the laws of North Carolina, you may report complaints to the You may wish to file a consumer complaint with the North Carolina Consumer Protection Division by contacting them by telephone at (877) 566-7226.
Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.


Privacy Policy

Last Updated: March 6, 2022

PIPELINE POKE, LLC (“PIPELINE POKE”) IS CONCERNED ABOUT PRIVACY ISSUES AND WANTS YOU TO BE FAMILIAR WITH HOW WE COLLECT, USE AND DISCLOSE YOUR INFORMATION.
This privacy policy describes our practices in connection with information that we collect through websites operated by us from which you may be accessing this privacy policy (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), through our social media pages that we control from which you may be accessing this privacy policy (collectively, our “Social Media Pages”), as well as through text or SMS messaging that you may have signed up for and html-formatted email messages that we send to you (collectively, including the Websites, the Apps and our Social Media Pages, the “Services”).
Please read this privacy policy carefully. By using the Services, you consent to our collection and use of your Personal Information (described below) as described in this privacy policy. Except as set forth in this privacy policy, your Personal Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your personal information at any time. However, withdrawing consent may result in your inability to continue using the Services or some of their features.
PERSONAL INFORMATION WE MAY COLLECT
“Personal Information” is information about you that, alone or in combination with other information, can uniquely identify you as an individual. We may collect certain Personal Information from you when you visit the Websites or use the Services, including but not limited to:
Name
Postal address (including billing and shipping addresses)
Telephone number
Email address
We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this privacy policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.
If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this privacy policy.
 
HOW WE MAY COLLECT PERSONAL INFORMATION
We and our service providers may collect Personal Information in a variety of ways, including:
Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for a newsletter or make a purchase.
Offline: We may collect Personal Information from you offline, such as when you visit our restaurants, place an order over the phone or contact us.
From other sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms; and from other third parties.
 
HOW WE MAY USE PERSONAL INFORMATION
We may use your Personal Information:
To respond to your inquiries and fulfill your requests, such as to send you newsletters.
To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
To complete and fulfill your purchase or sign you up for events, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase or reservation and provide you with related customer service.
To send you marketing communications that we believe may be of interest to you.
To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
 
HOW PERSONAL INFORMATION MAY BE DISCLOSED
Your Personal Information may be disclosed:
To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services.
To third-party sponsors of sweepstakes, contests and similar promotions.
To identify you to any guest you register for an event.
By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these Services will become public information and may be available to users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services.
To your friends associated with your social media account, to other website users and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log into your Services account from your social media account. By connecting your Services account and your social media account you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media site’s privacy policy. If you do not want your Personal Information shared with other users or with your social media account provider, please do not connect your social media account with your Services account and do not participate in social sharing on the Services.
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
 
OTHER INFORMATION
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:
Browser and device information, including device ids, advertising ids, and other persistent identifiers, such as your IP address. Your IP address is a number that is automatically assigned to the computer that you are using by your internet service provider (ISP).
Information collected through cookies, pixel tags and other technologies, such as the actions taken within and outside of the websites and apps and the date and time of your use of the websites and apps
Demographic information such as your gender or city and other information voluntarily provided by you
Aggregated information
 
HOW WE MAY COLLECT OTHER INFORMATION
We and our third-party service providers may collect Other Information in a variety of ways, including:
Through your browser or device: certain information is collected by most browsers or automatically through your device, such as your media access control (mac) address, computer type (Microsoft Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
Using cookies: cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while using the Services. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies in online advertising to track responses to our advertisement
If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or to be given the choice of declining or accepting the transfer to your computer of a cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
Using pixel tags and other similar technologies: pixel tags (also known as web beacons and clear gifs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
IP address: An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
Physical location: we may collect the physical location of your device by, for example, using satellite, cell phone tower or Wi-Fi signals. We may use your device’s physical location to provide you with personalized location-based Services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized Services and content.
From you: information such as your preferred means of communication is collected when you voluntarily provide it. Unless combined with Personal Information, it does not personally identify you.
By aggregating information: aggregated Personal Information does not personally identify you (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
 
HOW WE MAY USE AND DISCLOSE OTHER INFORMATION
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.
If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in the “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information.
In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for so long as it is combined.
 
THIRD-PARTY SERVICES
This privacy policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Instagram, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.
Specifically, we use the following third-party service providers in order to provide the Services to you:
When you place an order through any of the Services, you will be directed to our third-party ordering service provider. Any Personal Information you provide in connection with the ordering process will be subject to the service providers privacy policies, and we are not responsible for any such Personal Information, including but not limited to your payment information, which we do not store on our servers.
When you provide information for the purposes of participating in customer loyalty and rewards programs, you will be directed to our third-party customer loyalty and rewards service provider. Any Personal Information you provide in connection with the customer loyalty and rewards process will be subject to the service providers privacy policies, and we are not responsible for any such Personal Information including, without limitation, in connection with running such programs and offers. which we do not store on our servers.
 
SECURITY
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “contacting us” section below.
 
CHOICES AND ACCESS
Your choices regarding our use of your Personal Information:
If you no longer wish to receive marketing-related emails from us, you may opt-out from such messages by following the instructions contained in each such email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at info@pipeline-poke.com and include the word “security” in the subject line.
How you can access, change or suppress your Personal Information:
If you would like to review, correct, update, suppress, or delete the Personal Information that you have provided to us contact us by email at info@pipeline-poke.com or write to the following address:
Pipeline Poke, LLC
102 Autumn Hall Drive - Suite 130
Wilmington, NC 28403
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have it suppressed from our database, or otherwise let us know what limitations you would like to put on our use of it. For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.
We do not honor Do Not Track Requests and signals.
If you are a resident of the State of California, please also note the following:
PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1798.83, A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING INFO@PIPELINE-POKE.COM. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONLY ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND THAT WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS EMAIL ADDRESS.
 
RETENTION PERIOD
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.
 
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals not provide Personal Information through the Services. If a child under 13 submits Personal Information to us through the Services, and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible.
If you are a parent of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at info@pipeline-poke.com and we will delete the information from our system.
 
CROSS-BORDER TRANSFER
The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.
 
SENSITIVE INFORMATION
We ask that you not send us, and that you not disclose to us, any sensitive Personal Information (e.g., social security numbers, credit card numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services or otherwise.
 
UPDATES TO THIS PRIVACY POLICY
We may change this privacy policy from time to time. The “last updated” legend at the top of this page indicates when this privacy policy was last revised. Any changes to this privacy policy will become effective when we post the revised privacy policy on the Services. Your use of the Services following these changes means that you accept the revised privacy policy.
 
CONTACTING US
If you have any questions about this privacy policy, please contact us by email at info@pipeline-poke.com or at the following address:
Pipeline Poke, LLC
102 Autumn Hall Drive - Suite 130
Wilmington, NC 28403
Because email communications are not always secure, please do not include sensitive information in your emails to us.