Terms of service

YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS

LAST UPDATED: 3/11/2026

SECTION 1. INTRODUCTION

These Terms and Conditions (“Terms”) describe your rights and responsibilities when using PopOnSmiles, LLC or PopOnEnergy and all of its subsidiaries, successors in interest, and assigns (collectively, “PopOnEnergy”), and www.PopOnEnergy.com, all related websites, products, services, and related mobile applications (the “Services”). For the purposes of the Terms, references to “PopOnSmiles”, “the “Site”, “We”, and “Us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

These Terms constitute a legal agreement between the Site’s customers (“You”) and the Site. By accessing or using the Site, you agree to be bound by the terms and conditions contained in these Terms and all other operating rules, policies and procedures that we may publish from time from time on the Site, including our Privacy Policy, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Your acceptance of the Terms and Conditions is indicated by Your continued use of the Site. Please read everything here carefully, and be sure to contact us if You have any questions.
____________________________________________________________________________

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT (Section 22) WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION.

BY USING THIS SITE, YOU WILL BE BOUND TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW (Section 22.7). BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
____________________________________________________________________________

SECTION 2. ELIGIBILITY

You must be at least 18 years old to Use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

SECTION 3. ACCOUNTS & REGISTRATION

You must set up a user account to use certain features of the Site ("Account"), such as when you register for an account or purchase products from our site. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify PopOnEnergy customer service immediately of any unauthorized use or any other breach of security on your Account. PopOnEnergy will not be liable for losses incurred as a result of an unauthorized use of a password or account. Personal information submitted through the Site is governed according to our Privacy Policy.

SECTION 4. MODIFICATION AND TERMINATION

PopOnEnergy may at any time: (i) modify or discontinue any part of the Site; or (ii) offer opportunities to some or all Site users. PopOnEnergy reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Your continued use of the Site will indicate your acceptance of the current Terms; however, any change to these Terms after your last usage of the Site will not be applied retroactively. PopOnEnergy reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

SECTION 5. SHIPPING & PROCESSING

When you order from PopOnEnergy, your order will be processed according to the timelines indicated at checkout. We request that you provide all necessary information for fulfillment promptly.

Orders typically ship within the timeframe specified on the product page. For additional information regarding our warranty and cancellation policy and for information regarding Gift Cards, please review our PopOnEnergy Promise available by visiting www.PopOnEnergy.com.

SECTION 6. PRODUCT INFORMATION

PopOnEnergy distributes products which are solely intended for the purposes described on our Site. PopOnEnergy does not offer professional medical advice. If you have questions or concerns regarding the suitability of any of our products, it is your responsibility to see a licensed professional.

The prices displayed on our Site may differ from prices that are available in stores. Products displayed on the Site may be available in selected PopOnEnergy retail locations in the United States. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. PopOnEnergy reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

SECTION 7. TRANSACTIONS

We reserve the right to refuse or cancel any order you place on the Site. We reserve the right to limit quantities on orders placed by the same Account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors.

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

PopOnEnergy’s cancellation and refund policy is available by visiting www.PopOnEnergy.com. PopOnEnergy encourages its customers to use their refund process if there are any issues with their purchase. Therefore, if there is no lawful reason for the chargeback (e.g. no legal right to a refund), customers who file chargebacks will not be eligible to make any other purchases from PopOnEnergy, and your account will remain suspended.

SECTION 8. SITE CONTENTS

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of PopOnEnergy or its suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of PopOnEnergy and protected by U.S. and international copyright laws. PopOnEnergy expressly reserves all intellectual property rights in all Content.

SECTION 9. LICENSE AND ACCESS

PopOnEnergy grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms.

SECTION 10. UNLAWFUL OR PROHIBITED USES

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of this Site, you warrant to PopOnEnergy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;

  • Download, copy or transmit any Content for the benefit of any other merchant;

  • Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by PopOnEnergy or generally publicly available browsers;

  • Frame, mirror or use framing techniques on any part of the Site without PopOnEnergy’s express prior written consent;

  • Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms;

  • Use any meta tags or any other hidden text utilizing PopOnEnergy’s name or marks;

  • Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

  • Use a buying agent to conduct transactions on the Site;

  • Conduct fraudulent activities on the Site;

  • Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header; or (vi) forging communications on behalf of the Site (impersonating the PopOnEnergy Site);

  • Send unsolicited or unauthorized email on behalf of PopOnEnergy, including promotions and/or advertising of products or services;

  • Tamper with the Site or use or attempt to use any device, software, routine or data that interferes with the working or functionality of the Site;

  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

  • Harvest or collect personally identifiable information about other users;

  • Restrict or inhibit any other person from using the Site;

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;

  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or

  • Remove any copyright, trademark or other proprietary rights notice from the Site.

SECTION 11. USER REVIEWS, COMMENTS & SUBMISSIONS

PopOnEnergy welcomes your reviews, comments, and other communications (collectively, "User Content") as long as the User Content submitted by you complies with these Terms. PopOnEnergy may choose to reward user content at its discretion. You agree that any User Content: will be accurate; will not violate any law; will not violate any right of a third party; and will not contain harmful or offensive language. You are solely responsible for the User Content you submit, and PopOnEnergy assumes no liability for any User Content submitted by you.

For any User Content you submit, you grant to PopOnEnergy a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content throughout the world. PopOnEnergy shall have the right to monetize the User Content. These Terms do not entitle you to any payments.

Content is also provided by third party visitors to the Site. PopOnEnergy neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties.

SECTION 12. PROMOTIONS AND SPECIAL OFFERS

Occasionally we will offer special promotions to our customers. These offers may be for a limited time only. Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

SECTION 13. TEXT MESSAGING (“SMS”) TERMS OF USE

PopOnEnergy offers its customers mobile alerts about order and shipping updates and other marketing messages by SMS message (the "Service"). By participating in the Service, you are agreeing to these Terms of Use and to the Privacy Policy. THE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS PROGRAM.

SECTION 13.1 SIGNING UP AND OPTING-IN TO THE SERVICE

Enrollment in the Service requires you to provide your mobile phone number and electronic signature. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). PopOnEnergy reserves the right to stop offering the Service at any time. By opting in, you authorize PopOnEnergy to use autodialer or non-autodialer technology to send text messages to your mobile phone number.

SECTION 13.2 MESSAGES YOU MAY RECEIVE

Once you opt in, message frequency may vary. You may receive alerts regarding order status, delivery, shipping, or general marketing and promotions.

SECTION 13.3 CHARGES AND CARRIERS

Message and data rates may apply. PopOnEnergy and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

SECTION 13.4 TO STOP THE SERVICE

To stop receiving text messages from PopOnEnergy, reply STOP to any text message you have received from us. You acknowledge that the platform may not recognize unsubscribe requests that do not include the STOP keyword command.

SECTION 13.5 HELP AND QUESTIONS

You can text HELP for help at any time. You can also contact us by using the contact form on our Site.

SECTION 13.6 MOBILE PHONE NUMBER CHANGE

In the event that you change or deactivate your mobile phone number, you agree to notify PopOnEnergy.

SECTION 13.7 DATA AND MESSAGE FREQUENCY

Data obtained from you in connection with this service may include your mobile phone number, carrier’s name, and message content. PopOnEnergy may use this information to contact you and provide requested services.

SECTION 14. LINKS TO THIRD-PARTIES’ WEBSITES

The Site may contain links to third-party websites. PopOnEnergy is not responsible for and has no liability for the functionality, actions, privacy policies, or content of any such website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

SECTION 15. DISCLAIMERS OF WARRANTIES

PopOnEnergy cannot and does not represent or warrant that the Site or its server will be error-free or uninterrupted. THE SITE AND ALL SITE CONTENTS ARE PROVIDED BY PopOnEnergy ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

SECTION 16. JURISDICTIONAL ISSUES

The Site is controlled and operated by PopOnEnergy from the United States. We do not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction other than the United States.

SECTION 17. COPYRIGHT INFRINGEMENT POLICY/DMCA

We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). Our Designated Agent for notice of claims of copyright infringement can be reached at: compliance@PopOnSmiles.com.

SECTION 18. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PopOnEnergy OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

SECTION 19. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless PopOnEnergy and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses arising from or relating to any actual or alleged breach of these Terms by you.

SECTION 20. NOTICES & ELECTRONIC COMMUNICATIONS

Except as explicitly stated otherwise, any notices you send to PopOnEnergy shall be sent by email to compliance@PopOnSmiles.com. You consent to receive communications from us electronically, such as via email or notices posted on the Site.

SECTION 21. NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please use our contact form. You may also contact us by writing to 237 West 37th Street New York NY 10018 or by calling us at (212) 461-6302.

SECTION 22. AGREEMENT TO ARBITRATE & WAIVER OF CERTAIN RIGHTS

Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

22.1 AGREEMENT TO BINDING ARBITRATION

PopOnEnergy values you as a customer. You agree to negotiate with Us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved within 30 days after our receipt of your written dispute, You agree to the dispute resolution provisions below.

You and the Site agree that any disputes between us will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address.

22.2 NO CLASS ACTION

You and the Site each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

22.3 RULES AND GOVERNING LAW

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules. This Arbitration Agreement shall be governed by the Federal Arbitration Act (FAA). If the FAA is found not to apply, then the issue shall be resolved under the laws of the state of New York.

22.4 ARBITRATION PROCESS

You can begin the arbitration by submitting a Demand for Arbitration to the AAA and sending a copy to Us at: Notice of Dispute, 237 West 37th Street New York NY 10018; Attn: General Counsel.

22.5 ARBITRATOR'S DECISION

The arbitrator will render a written decision. An arbitrator’s decision shall be final and binding on all parties.

22.6 FEES

For claims of $100,000 (US Dollars) or less, PopOnEnergy will pay all filing, administration, and arbitrator fees unless the arbitrator determines that your claim is frivolous.

22.7 OPT-OUT PROCEDURE

You can decline this agreement to arbitrate by emailing Us at compliance@PopOnSmiles.com within 30 days of first accepting these Terms.

SECTION 23. SEVERABILITY, SURVIVAL AND WAIVER

If any portion of the Terms of Service are found to be unenforceable, the unenforceable provision shall be severed, and the remainder of the Terms shall remain in full force and effect.

SECTION 24. ADDITIONAL TERMS, MODIFICATION & MISCELLANEOUS

Please review our other terms and policies posted on the Site, including the Privacy Policy. These Terms constitute the entire agreement between you and PopOnEnergy. We reserve the right to make changes to these Terms at any time.

SECTION 25. CONTACT US

If you have any concerns about PopOnEnergy or your use of the Site, please contact us at www.PopOnEnergy.com with a detailed description.