Terms & Legal

General Privacy and Security Policy
Pieology Pie Life Rewards App Privacy Policy
Pieology Pie Life Rewards App End User License Agreement – Apple iOS
Pieology Pie Life Rewards App End User License Agreement – Google Android

General Privacy and Security Policy

Introduction

The privacy and security of your personal information is very important to us.

At Pieology we believe it is important to protect the privacy of our guests, as well as the privacy of visitors to our web site. We know that you care about how your personal information is collected, updated, used and shared, and we want to help you make knowledgeable choices about the information you provide to us.

This General Privacy and Security Policy (the “Privacy Policy”) explains and summarizes how we collect, use and protect your personal information as you interact with us directly, by phone and online. This Privacy Policy applies to Pieology’s operations in the United States (except that it does not apply to information sent in connection with the Pieology Rewards App, such information is covered by the Pieology Rewards App Privacy Policy, located further below on this page) and to its web site located at www.pieology.com. This Privacy Policy does not apply to other web sites which may be operated by affiliates or business partners of Pieology, even if they are linked to pieology.com.

By using our services and/or our web site, you consent to the collection and use of your personal information by Pieology consistent with this Privacy Policy and applicable privacy and data protection laws.

Our Privacy Policy will Change Over Time

Our Privacy Policy may change over time as we seek to improve the services we provide. We will post the revised Privacy Policy on our web site. We encourage you to refer to the Privacy Policy from time to time to stay abreast of our most current practices. If you are an existing member of Pie Life, we will attempt to notify you of material changes to our Privacy Policy. Your continued access and use of pieology.com and Pieology’s services constitutes your acceptance of any changes to our Privacy Policy.

Types of Information Pieology Collects About You

Pieology collects information that you provide to us or that we learn about you from the use of our web site. We receive and store information you enter on Pieology.com or give to us in any other way. For example, you may provide information to us when you sign up for Pie Life, request a franchise packet or submit a question to contact us. As a result of those actions, you might supply us with such information as your name, address, phone number and email address. We also automatically receive and store certain types of information whenever you visit our site. We might also receive information about you from other sources, such as in communicating with you regarding special offers that we think will be of interest to you, and we may add that information to the information we collected about you.

How We Use Information About You

We use information we have collected about you to provide you with marketing and promotional information about products and services we believe are of interest to you.

We do not sell your personal information to third parties for any reason. We do not disclose your personal information to unaffiliated third parties who may want to offer you their own products and services unless you have requested or authorized us to do so. We may share your personal information with third parties or affiliates where it is necessary for us to provide you with the services you have requested, or do something that you have asked us to do. For example, if you have voluntarily provided your mobile number then we may notify you of a promotion via your mobile phone.

We may share your personal information to third parties or affiliates with whom we have contracted to perform services on our behalf. Companies that act on our behalf are contractually obligated to keep the personal information we provide to them confidential and to use the personal information we share only to provide the services we ask them to perform.

We may disclose personal information about our customers as permitted or required by law, to protect against fraud or security hazards, and in connection with a merger, acquisition or bankruptcy. Pieology may be required to disclose your personal information if it: (i) believes it is reasonably necessary to comply with legal process, such as a court order, subpoena, or search warrant, or other legal requirements of any governmental authority; (ii) would potentially mitigate our liability in an actual or potential lawsuit; (iii) is otherwise necessary to protect our rights or property; or (iv) is necessary to protect your interests or those of other users of our web site or services. If Pieology should ever file for bankruptcy or merge with another company, or if Pieology should decide to buy, sell or reorganize part or all of its business, Pieology may be required to disclose your personal information to prospective or actual purchasers or receive personal information from sellers. It is Pieology’s practice to seek appropriate protection for information disclosed or received in these types of transactions. Pieology cannot, however, guarantee that Pieology’s Privacy Policy will remain unchanged if Pieology is sold or merges with another company.

Pieology collects and uses personal information from you in several other ways:

Web Site Usage.

Pieology or Pieology authorized service providers, may observe your activities, preferences, and transactional data (such as your IP address, browser type and operating system) relating to your use of our web site. While we may collect or log this information, we generally do not identify you or match this information with your other personal information. We may use this collected or logged information in order to provide better service, facilitate our customers’ use of the web site, track usage of the web site, and to address security hazards. Pieology, or one of our authorized service providers, also may use this information to track aggregate traffic patterns throughout our web site. We may use aggregated, statistical information to describe our customer audience, products and services, and to develop partnerships with third parties to offer products and services in which we believe our customers will be interested. Online and Off-line Transactions. You may be asked to share personal information in order to complete a transaction. For example, when you order a pizza by phone or by email, you may be asked for information needed to complete your order, contact you to confirm the order, and provide related customer service. This information is used, for example, to affect your transactions, create and share aggregate reports about these transactions, and perform financial fraud screening services for transactions between you and Pieology and/or our authorized service providers. Recruitment and Job Applications. You may provide us with personal information, such as that contained on a resume, in connection with a job application or inquiry. We may use this information for the purpose of employment consideration or your inquiry. We may keep your information on file for future consideration.

Children

Children under 13 should not send any information about themselves to Pieology. If a child under 13 submits information through any part of Pieology’s web site or otherwise provides such information to Pieology, and we learn that the person submitting the information is a child, we will attempt to delete this information as soon as possible. Because we do not knowingly collect any personal information from children under 13, we do not use or disclose such information to third parties.

This Privacy Policy Applies to U.S. Customers

This Privacy Policy applies to customer relationships established in the United States. Our web site is hosted in the United States and is intended for United States visitors. Parts of this Privacy Policy may not apply to visitors to our web site outside the United States because, for example, certain services may not be offered to non-U.S. customers. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. privacy and data protections laws and which may be more stringent than those U.S. laws, by visiting our web site and providing us with personal information, you acknowledge and consent to the transfer to and processing of your personal information in the United States.

Our Security Practices

Our internal data security policies restrict access to customers’ personal information to authorized employees, agents and subcontractors with a “need to know,” and we train such persons on the protection of your information. These persons may use our customers’ personal information for Pieology business purposes only. Our employees are bound by our policies to maintain the confidentiality of our customers’ personal information. Employees who violate their confidentiality obligations are subject to disciplinary action, up to and including termination.

We maintain physical, electronic, and procedural safeguards that are designed to guard our customers’ personal information. For example, for the security of your online visit to pieology.com, we may make use of secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. We may also use encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet or internal security system can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Pieology cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

In the event of a breach of the confidentiality or security of your personal information, we may attempt to notify you as necessary by email or other means so you can take appropriate protective steps. By using our web site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our site or your account with us. Unless you indicate otherwise, we may notify you using the most current email address you provided to us.

What are Cookies and How Does Pieology Use Them?

We may use “cookies” to collect or log certain information. A cookie is a small piece of information that a web site stores on a personal computer and which it can later retrieve. We may use cookies for some administrative purposes, for example, to store our customers’ store location preferences or to store a password so that you do not have to input it every time you visit our web site. The cookies will not contain information that will enable anyone to contact our customers via telephone, email, or any other means. If our customers are uncomfortable with the use of cookie technology, they can set their browsers to refuse cookies. Certain services, however, could be dependent on cookies and our customers may disable those services by refusing cookies.

Links to Third Party Sites and Web Sites Containing Pieology Branding Our web site may contain links to third party sites. Please be aware, however, that Pieology is not responsible for and cannot control the privacy policies of these other sites or their practices. We encourage you to read the privacy policies for these other sites, as they may differ from ours.

Our web site may also contain links to sites that display Pieology branding and/or Pieology’s logo but which are maintained by third parties. Such web sites may be identified in that they do not display a “pieology.com” URL. Please read the privacy policy on these sites for applicable privacy practices relating to personal information collected via those sites because they may differ from Pieology’s privacy practices. This Privacy Policy applies solely to personal information collected by Pieology.

Contact Preferences and Accessing Your Personal Information

You have certain choices when it comes to how Pieology uses your personal information. You may choose not to receive information about new services and special promotional offers from us by email. If you elect not to receive such marketing information by email, for say, Pie Life, please unsubscribe via the email link.

If you want to update your Pie Life information, please refer to our contact us page.


 

 

Pieology Pie Life Rewards App Privacy Policy

Last modified: October 4, 2017

Introduction

The Little Brown Box Pizza, LLC (“Pieology” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you download, install, register with, access, or use the Pieology Pie Life Rewards App (the “App”).
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App.

This policy DOES NOT apply to information that:

  • We collect offline or on any other Pieology apps or websites, including websites you may access through this App.
  • You provide to or is collected by any third party (see e.g., the privacy policy of our App developer, Punchh, available at: https://punchh.com/privacy_policy.)

Our websites and apps, and these third parties may, have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@pieology.com or (949) 800-8314.

Information We Collect and How We Collect It

We collect information from and about users of our App:

  • Directly from you when you provide it to us.
  • Automatically when you use the App.
  • From third parties, e.g., Punchh.

Information You Provide to Us

When you download, register with, or use this App, we may ask you provide information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”).
  • That is about you but individually does not identify you, such as your birthday or your favorite pizza combinations.
  • From your social media profile, such as Facebook, only if you chose to connect to the App by providing your login information to such social media profile.

This information includes:

  • Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information, such as a debit or credit card number, before placing an order through the App which would be provided to our third-party financial service providers to process your order.

Automatic Information Collection

When you download, access, and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Location Information. This App collects real-time information about the location of your device, such as GPS information.

If you do not want us to collect this information do not download the App or delete it from your device, or with respect to location information, turn off the location services in your device’s settings. Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled.

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
  • Web Beacons. Pages of the App and some of our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Pieology, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • The Apps’ developers.
  • Financial service providers that facilitate the processing of online orders.
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.

We do not control and are not responsible for these third parties’ tracking technologies or how they may be used. If you have any questions about which third party providers we are currently using please email info@pieology.com. If you have any questions about what information the third party is collecting or using please contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Directly market our products and services to you.
  • Process orders sent through the App.
  • Provide you with the App and its contents, and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection.
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
  • Notify you via email when material updates to this Pieology Pie Life Rewards App Privacy Policy and other agreements governing your use of the App are available.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size, usage, and ordering patterns.
  • Store information about your preferences, allowing us to customize our App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the App.

We use location information we collect to show you nearby Pieology restaurant locations if you choose to search for them.

We may also use your information to contact you about Pieology goods and services that may be of interest to you. If you do not want us to use your information in this way, please click the unsubscribe link in any such marketing materials or contact info@pieology.com.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are obligated keep personal information confidential.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Pieology’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Pieology about our App users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use an “email a friend” feature of our Website or App, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the Pieology Pie Life Rewards App End User License Agreement, and for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pieology, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy or location services settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
  • Promotion by Pieology. If you do not want us to use your email address to promote our own or third parties’ products or services, you can opt-out by clicking on the unsubscribe link in any marketing emails or by sending us an email stating your request to info@pieology.com.

We do not control third parties’ that may collect or use your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@pieology.com or write us at: 30242 Esperanza, Rancho Santa Margarita, California 92688 Attention: Pieology App Privacy Disclosures.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Pieology’s internal data security policies restrict access to customers’ personal information to authorized employees, agents and subcontractors with a “need to know,” and we train such persons on the protection of your information. These persons may use our customers’ personal information for Pieology business purposes only. Pieology’s employees are bound by our policies to maintain the confidentiality of our customers’ personal information. Employees who violate their confidentiality obligations are subject to disciplinary action, up to and including termination. All information you provide to us is stored on our secure servers behind firewalls, except for payment transaction information (e.g., debit or credit card numbers) which we do not store and which is instead stored by our financial service providers according to their security and data encryption policies.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

In the event of a breach of the confidentiality or security of your personal information, we may attempt to notify you as necessary by email or other means so you can take appropriate protective steps. By using our web site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our site or your account with us. Unless you indicate otherwise, we may notify you using the most current email address you provided to us.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page and notify you by email to the primary email address specified in your account.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, please:

Email us at:

info@pieology.com

Or write to:

30242 Esperanza

Rancho Santa Margarita, California 92688

Attention: Pieology App Privacy Disclosures


Pieology Pie Life Rewards App End User License Agreement Apple iOS

This Pieology Pie Life Rewards App End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and The Little Brown Box Pizza, LLC, a Delaware limited liability company, (“Pieology”). This Agreement governs your use of the Pieology Pie Life Rewards App on the Apple iOS platform, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. License Grant. Subject to the terms of this Agreement, and as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service, Pieology grants you a limited, non-exclusive, and nontransferable license to:
    • download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
    • access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 6) that may be made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 6.
  2. License Restrictions. Licensee shall not:
    • copy the Application, except as expressly permitted by this license;
    • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
    • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
    • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
    • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
  3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Pieology and its licensors and service providers, including Punchh, reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Pieology or Punchh may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also acknowledge that if you connect to the Application via Facebook or other social media provider, Pieology or Punchh may collect information from your connected Facebook profile or other social media provider. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information Pieology collects through or in connection with this Application is subject to Pieology’s Privacy Policy located at http://www.pieology.com/terms-legal (“Privacy Policy”). All information Punchh collects through or in connection with this Application is subject to its privacy policy located at https://punchh.com/privacy_policy. By downloading, installing, using, or providing information to or through this Application, you consent to all actions taken by Pieology or Punchh with respect to your information in compliance with the applicable privacy policy.
  5. Account Information. In order to access the Application, you may need to register and provide certain personal information. You agree that all information you provide to register with the Application and to create your account shall be true, accurate, current and complete, and you agree to update your information as necessary to ensure that it remains true, accurate, current and complete. Your login ID email address (or other unique identifier needed to create an account using the Application) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your account. You further agree to notify Pieology immediately of any unauthorized access to or use of your Account Information or any other security breach, at the email address info@pieology.com. Pieology reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by Pieology, at any time, in Pieology’s sole discretion, if, in Pieology’s opinion, you have violated any provision of these Terms. If Pieology or Punchh wishes to provide notifications to you, Pieology or Punchh may do so by email at the address you provided to Pieology or Punchh when you created your account. It is your responsibility to update or change that address, as appropriate. Notices will be provided in the form of push notification, HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on Pieology’s site, accessible through any standard, commercially available Internet browser. You hereby authorize and permit Pieology and Punchh to use and store information submitted by you to the Application (such as account passwords and user names) to maintain your account and to configure the Application so that it is compatible with Pieology’s needs for which you submit your information. Pieology and Punchh cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Pieology and Punchh cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings.
  6. Content and Services. The Application may provide you with access to Pieology’s website located at http://www.pieology.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Privacy and Security Policy located at http://www.pieology.com/terms-legal/ (“Website’s Privacy and Security Policy”), which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Privacy and Security Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Privacy and Security Policy will also be deemed a violation of this Agreement.
  7. User Submissions. To the extent you provide Pieology with ideas, suggestions, improvements or other feedback with respect to the Application, Pieology shall be free to use such feedback in any manner and for any purpose (including, without limitation, incorporation in Pieology’s products, services and advertising and marketing materials) without compensation to you or restriction of any kind.
  8. Third-Party Materials. The Application may display, include, or make available Third-Party Materials (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Pieology is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Pieology does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  9. Geographic Restrictions. The Content and Services are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
  10. Application Updates. Pieology may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Pieology has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
    • the Application will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Term and Termination.
    • The term of Agreement commences when you acknowledge your acceptance of this Agreement and will continue in effect until terminated by you or Pieology as set forth in this section.
    • You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
    • Pieology may terminate this Agreement at any time without notice (i) if Pieology ceases to support the Application, which Pieology may do in its sole discretion; (ii) if Pieology, in its sole discretion, determines it has lost or will lose any licenses to software or materials used as a part of the Application; (iii) or if you fail to comply with any of the provisions of these Terms. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • Upon termination:
      • all rights granted to you under this Agreement will also terminate; and
      • you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    • Termination will not limit any of Pieology’s rights or remedies at law or in equity.
  2. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
    • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Indemnification. You agree to indemnify, defend, and hold harmless Pieology and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to any content you submit or make available through this Application.
  2. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
  3. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  4. Dispute Resolution. ALL DISPUTES WITH COMPANY ARISING IN ANY WAY FROM THIS AGREEMENT OR YOUR USE OF THE APPLICATION SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with any other person’s or entity’s claim or dispute, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of California, without reference to its choice of laws principles, shall govern the interpretation of the Agreement and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Agreement. Administrative, facility and arbitrator fees and costs for arbitrations shall be paid for in equal parts by Pieology and you, unless the arbitrator determines that such fees and costs would be excessive, in which case, Pieology agrees to pay such costs. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against Pieology’s employees, representatives, and affiliates if any such claim arises from the licensing or use of the Application. You may opt out of this dispute resolution procedure by providing notice to Pieology no later than 30 calendar days from the date you downloaded the Application. To opt out, you must send notice by email to info@pieology.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out email (a) your name and address; (b) the date on which the Application was downloaded; and (c) all information you provided to Pieology to register your use of the Application. Alternatively, you may opt out by mail to Attention: Pieology Arbitration Opt Out, 30242 Esperanza, Rancho Santa Margarita, California, 92688 received no later than 30 calendar days from the date you downloaded the Application and providing the same information above in subsections (a) through (c). These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the Application, and you will continue to enjoy the benefits of this license.
  5. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  6. Entire Agreement. This Agreement, Privacy Policy, and Pieology’s Website’s Privacy and Security Policy constitute the entire agreement between you and Pieology with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
  7. Third-Party Beneficiary. You acknowledge and agree that Punchh is a third-party beneficiary with respect to Sections 3, 4, and 5.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any other applicable terms, the terms of this Agreement shall govern.


Pieology Pie Life Rewards App End User License Agreement Google Android

This Pieology Pie Life Rewards App End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and The Little Brown Box Pizza, LLC, a Delaware limited liability company, (“Pieology”). This Agreement governs your use of the Pieology Pie Life Rewards App on the Google Android platform, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. License Grant. Subject to the terms of this Agreement, Pieology grants you a limited, non-exclusive, and nontransferable license to:
    • download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
    • access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 6) that may be made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 6.
  2. License Restrictions. Licensee shall not:
    • copy the Application, except as expressly permitted by this license;
    • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
    • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
    • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
    • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
  3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Pieology and its licensors and service providers, including Punchh, reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Pieology or Punchh may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also acknowledge that if you connect to the Application via Facebook or other social media provider, Pieology or Punchh may collect information from your connected Facebook profile or other social media provider. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information Pieology collects through or in connection with this Application is subject to Pieology’s Privacy Policy located at http://www.pieology.com/terms-legal (“Privacy Policy”). All information Punchh collects through or in connection with this Application is subject to its privacy policy located at https://punchh.com/privacy_policy. By downloading, installing, using, or providing information to or through this Application, you consent to all actions taken by Pieology or Punchh with respect to your information in compliance with the applicable privacy policy.
  5. Account Information. In order to access the Application, you may need to register and provide certain personal information. You agree that all information you provide to register with the Application and to create your account shall be true, accurate, current and complete, and you agree to update your information as necessary to ensure that it remains true, accurate, current and complete. Your login ID email address (or other unique identifier needed to create an account using the Application) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your account. You further agree to notify Pieology immediately of any unauthorized access to or use of your Account Information or any other security breach, at the email address info@pieology.com. Pieology reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by Pieology, at any time, in Pieology’s sole discretion, if, in Pieology’s opinion, you have violated any provision of these Terms. If Pieology or Punchh wishes to provide notifications to you, Pieology or Punchh may do so by email at the address you provided to Pieology or Punchh when you created your account. It is your responsibility to update or change that address, as appropriate. Notices will be provided in the form of push notification, HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on Pieology’s site, accessible through any standard, commercially available Internet browser. You hereby authorize and permit Pieology and Punchh to use and store information submitted by you to the Application (such as account passwords and user names) to maintain your account and to configure the Application so that it is compatible with Pieology’s needs for which you submit your information. Pieology and Punchh cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Pieology and Punchh cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings.
  6. Content and Services. The Application may provide you with access to Pieology’s website located at http://www.pieology.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Privacy and Security Policy located at http://www.pieology.com/terms-legal/ (“Website’s Privacy and Security Policy”), which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Privacy and Security Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Privacy and Security Policy will also be deemed a violation of this Agreement.
  7. User Submissions. To the extent you provide Pieology with ideas, suggestions, improvements or other feedback with respect to the Application, Pieology shall be free to use such feedback in any manner and for any purpose (including, without limitation, incorporation in Pieology’s products, services and advertising and marketing materials) without compensation to you or restriction of any kind.
  8. Third-Party Materials. The Application may display, include, or make available Third-Party Materials (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Pieology is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Pieology does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  9. Geographic Restrictions. The Content and Services are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
  10. Application Updates. Pieology may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Pieology has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
    • the Application will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Term and Termination.
    • The term of Agreement commences when you acknowledge your acceptance of this Agreement and will continue in effect until terminated by you or Pieology as set forth in this section.
    • You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
    • Pieology may terminate this Agreement at any time without notice (i) if Pieology ceases to support the Application, which Pieology may do in its sole discretion; (ii) if Pieology, in its sole discretion, determines it has lost or will lose any licenses to software or materials used as a part of the Application; (iii) or if you fail to comply with any of the provisions of these Terms. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • Upon termination:
      • all rights granted to you under this Agreement will also terminate; and
      • you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    • Termination will not limit any of Pieology’s rights or remedies at law or in equity.
  2. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
    • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Indemnification. You agree to indemnify, defend, and hold harmless Pieology and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to any content you submit or make available through this Application.
  2. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
  3. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  4. Dispute Resolution. ALL DISPUTES WITH COMPANY ARISING IN ANY WAY FROM THIS AGREEMENT OR YOUR USE OF THE APPLICATION SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with any other person’s or entity’s claim or dispute, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of California, without reference to its choice of laws principles, shall govern the interpretation of the Agreement and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Agreement. Administrative, facility and arbitrator fees and costs for arbitrations shall be paid for in equal parts by Pieology and you, unless the arbitrator determines that such fees and costs would be excessive, in which case, Pieology agrees to pay such costs. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against Pieology’s employees, representatives, and affiliates if any such claim arises from the licensing or use of the Application. You may opt out of this dispute resolution procedure by providing notice to Pieology no later than 30 calendar days from the date you downloaded the Application. To opt out, you must send notice by email to info@pieology.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out email (a) your name and address; (b) the date on which the Application was downloaded; and (c) all information you provided to Pieology to register your use of the Application. Alternatively, you may opt out by mail to Attention: Pieology Arbitration Opt Out, 30242 Esperanza, Rancho Santa Margarita, California, 92688 received no later than 30 calendar days from the date you downloaded the Application and providing the same information above in subsections (a) through (c). These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the Application, and you will continue to enjoy the benefits of this license.
  5. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  6. Entire Agreement. This Agreement, Privacy Policy, and Pieology’s Website’s Privacy and Security Policy constitute the entire agreement between you and Pieology with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
  7. Third-Party Beneficiary. You acknowledge and agree that Punchh is a third-party beneficiary with respect to Sections 3, 4, and 5.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any other applicable terms, the terms of this Agreement shall govern.

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