PIELOGY^® GIFT CARDS

TERMS AND CONDITIONS

These Terms and Conditions (“this Agreement”) describe the terms and conditions that apply to use of Pieology^® Gift Cards. This Agreement is between you (as the cardholder, and any subsequent cardholder) and The Little Brown Box Pizza, LLC (referred to in these Terms and Conditions as “Pieology” or “we,” “us,” or “our”). By purchasing, accepting or using any Pieology Gift Card, you accept and are bound by this Agreement. If you do not agree with this Agreement, do not purchase, accept or use or the Gift Card.IMPORTANT: This Agreement provides for resolution of disputes by arbitration instead of court, and it contains a class action waiver.

1. About Your Gift Card. Pieology^® Gift Cards are issued by PIEOLOGY. PIEOLOGY is responsible for the operation and maintenance of the Gift Card program in the United States. Pieology^® Gift Cards can be purchased only at participating Pieology Restaurants, select third party retail locations, and on-line at www.Pieology.com. The Gift Cards may be purchased in any amount of stored dollar value up to U.S.$100. All stored value amounts are in United States funds. Gift Cards can be purchased in participating Pieology Restaurants using cash, debit card or approved credit card and on-line with credit card acceptable to Pieology. The amount of food, beverage and other merchandise purchased will be applied against the Gift Card balance immediately. PROTECT YOUR CARD LIKE YOUR CASH.

2. Registration. Gift Cards can be registered online at www.Pieology.com or by calling 949-800-8314. Upon registering your card, you will receive a confirmation email from us containing information for managing your account.

3. Balance Inquiry/Reload. For balance inquiries, please visit www.Pieology.com or call 1-949-800-8314. Balances of unregistered cards can be confirmed at any time by visiting any participating Pieology point of sale. Because of possible processing delays and errors, the balance communicated to you will be subject to adjustment by us. We also reserve the right to correct the balance of your Gift Card if in our sole discretion we believe that a clerical, billing or accounting error occurred. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should review your card transactions and account balances closely. Cardholders will not be sent account statements.

You can reload at any time at participating stores or reload on-line by using a credit card acceptable to us. The information you provide pursuant to the on-line reload process is collected by PIEOLOGY and is subject to these Terms and Conditions and to our Privacy Policy found on the website.

4. Expiration/Deactivation. Pieology Gift Cards do not expire. No inactivity, service or any other fees will be charged. However, we reserve the right to refuse to honor (and to cause participating Pieology^® restaurants to refuse to honor) any Gift Card in the event of a disputed credit card charge, dishonored check or other failure of consideration.

5. Redemption. Your Gift Card is redeemable only for purchases of food, beverages and other merchandise at participating Pieology Restaurants in the United States. Purchases are deducted from the card until the balance reaches zero dollars. If the value of the card is less than the amount of the total purchase, the balance of the purchase price must be paid by other means in order to complete the purchase. If the value of the card is greater than the amount of the total purchase, the unused balance will remain on the card for future purchases.

Gift Cards may not be used to purchase additional Gift Cards; however, an unused balance from one Gift Card may be transferred to another Gift Card, and a Gift Card may be used in conjunction with other coupons or certificates. The Gift Card has no cash value and may not be redeemed for cash, except as required by law. No credit card, credit line, overdraft protection, or deposit account is associated with the Gift Card. Cards must be presented at the time of payment to either the cashier or the delivery driver. Taxes are not applied on the purchase of Gifts Cards, but applicable taxes will be charged on food, beverages and other merchandise purchased with the Gift Card.

6. No Refunds. No refunds are permitted or will be given with respect to Gift Cards.

7. Lost, Damaged Or Stolen Gift Card. If the Gift Card is lost, damaged or stolen but has been registered, the balance remaining on the Gift Card at the time we are notified will be restored. Any amounts on the Gift Card that were used prior to notifying us will not be replaced. In order to notify us regarding a lost, damaged or stolen card that has been registered, you must call us at 949-800-8314 and provide us with the details we request. A new card will be forwarded to you in seven to ten business days (provided that the original card was registered). Cards that are lost, damaged or stolen but not registered will be ineligible for replacement and any associated balances will not be refunded.

8. MANDATORY, BINDING, CONFIDENTIAL, INDIVIDUAL ARBITRATION. Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement. You and we agree that any dispute, whether at law or in equity, arising out of or relating to this Agreement or your use of the Gift Card shall be resolved in its entirety by individual (not class wide or collective), binding arbitration, except that you or we may take claims to small claims court if the small claims court allows that.

This agreement to arbitrate extends to claims that you may assert against other parties, including without limit, claims against any of Pieology, its affiliates, franchisees and licensees, and their respective owners, officers, directors, agents, representatives and employees (collectively, “Pieology Parties”). The arbitration proceeding and result shall be confidential, except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration under this Agreement without the prior written consent of both you and us.

You and we agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted.

You and we hereby waive the right to trial by jury.

Arbitration Procedures
You must first present any claim or dispute to us by contacting our Customer Service department to allow us a reasonable opportunity to resolve the dispute. You may request arbitration if your claim or dispute is not resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) Rules as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. To begin an arbitration proceeding, you must serve Pieology’s registered agent for service of process at 30242 Esperanza, Rancho Santa Margarita, CA 92688. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise in writing, any arbitration will take place in Orange County, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive or exemplary damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

9. Fraud. Pieology and Pieology Restaurants will not accept a card if in their sole discretion they believe it has been obtained by fraud or theft, and Pieology reserves the right to cancel such cards. Your Gift Card is the property of Pieology and must be returned upon request.

10. Limitation Of Liability. PIEOLOGY, ITS AFFILIATES, FRANCHISEES AND LICENSEES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PIEOLOGY GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE PIEOLOGY PARTIES’ SOLE, AGGREGATE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. IN THE EVENT A CARD IS NON-FUNCTIONAL, THE PIEOLOGY PARTIES SHALL ONLY BE LIABLE FOR THE REPLACEMENT OF THE GIFT CARD. IF ANY OF THE PIEOLOGY PARTIES IS FOUND LIABLE TO A CARD HOLDER, THE HOLDER CAN ONLY RECOVER ACTUAL AND DIRECT DAMAGES NOT EXCEEDING THE LAST BALANCE HELD ON THE REGISTERED GIFT CARD. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO PIEOLOGY PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. UNLESS PROHIBITED BY LAW, YOU AND PIEOLOGY AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER AND ALL OTHER PIEOLOGY PARTIES TO DIRECT AND ACTUAL DAMAGES AND THAT NEITHER YOU NOR ANY PIEOLOGY PARTY WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER.

11. Choice Of Law. The laws of the State of California, United States of America, without regard to principles of conflict of laws, apply to this Agreement and use of the Gift Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

12. Changes To Agreement. PIEOLOGY reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.Pieology.com. Use of the Gift Card after we have posted any updated terms constitutes your agreement to the updated terms. Updated terms will be effective as of the time of posting, or later as may be specified in the updated terms and will apply to each use of the Gift Card from that point forward, subject to further changes.


PIEOLOGY^® is a registered trademark of The Little Brown Box Pizza, LLC.

© 2016 The Little Brown Box Pizza, LLC. All rights reserved.