I was testing in an incognito browser. There is a bug in the code where the is_front_page check is. If the is_front_page condition fails and your using a page as your front page, the next condition that checks is_page will pick up. Needs to have a !is_front_page condition added to the is_page check.
I still wanted to have all inner pages show the popup so my options were Homepage unchecked, Pages checked which caused the issue.
