A note from the Pie team:

At Pie, we are rebuilding the economics of the internet with users like you at the center. We believe in transparency and being able to defend our product decisions publicly. If you think we are collecting information about you that is not being used to power features that benefit you, then reach out and let us know! You can read more about that here in our privacy policy. So before we get to the boring stuff, here are some of our core guiding principles:

  • We do not monetize our products by selling your data. We make money in other ways that do not require us to compromise your privacy.
  • We only collect personally identifiable or sensitive information that is necessary to provide our services or related to features that benefit our users and is described within our Privacy Policy or the below Terms of Service.
  • We built our product with the belief that users need more control of their internet experience. As a result, beyond what we have described within the below Terms of Service, we give you options within the settings page of your account to modify aspects of your experience according to your preferences.
  • Your fair share - We reward our users for actions they take that result in us or a partner getting paid, as detailed in Section 1 of the below Terms of Service.

We are excited for you to embark with us on this journey to building a more equitable and user-friendly internet.

PIE TERMS OF SERVICE

Last Revised on 07/22/24

Welcome to the Terms of Service (these “Terms”) for Pie, operated by The People's Internet Experiment, Inc. (Company, “we” or “us”), which includes our suite of mobile and desktop browser extensions (each, an “Extension”), the Pie Rewards Program (as defined below), our website, pie.org (the “Website”) and related mobile applications or mobile extension installers (the “App”). The Extensions, the Pie Rewards Program, the Website, the App and any content, tools, features and functionality offered on or through the Extensions, the Website and the App are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (i) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (ii) you agree to these Terms on the entity's behalf.

SECTION 8 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY'S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 8.

  1. THE SERVICES

    1. Eligibility. You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet these requirements.
    2. Pie Shopping. One of our Services is the Pie Shopping Extension (for both desktop and mobile devices) (“Pie Shopping”), which provides you with (i) certain cash-back offers tied to eligible user actions, and (ii) the ability to automatically apply certain coupons, promotional codes and other discount codes to purchases for eligible products and services provided by third-party merchants (“Merchants”) (collectively, the “Promotions”). All Promotions made available to you are temporary and may become unavailable without notice. You agree that any Promotions: (a) must be used in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise); (c) may be disabled or have additional conditions or exclusions applied to them by the relevant Merchant; and (d) may expire or change prior to your use. While the Company tries to find the best Promotions for your purchase, the Company is not responsible for any missed savings in the event you are able to find a better Promotion elsewhere.
    3. Pie Adblock. One of our other Services the Pie Adblock Extension (for both desktop and mobile devices) (“Pie Adblock”). Pie Adblock aims to block advertisements from being shown to you while using a browser that has the Pie Adblock Extension installed on it. If you use Pie Adblock, you acknowledge and agree that:
      1. some websites may not permit ad-blocking and may restrict your access or certain features from being available if they detect Pie Adblock;
      2. the effectiveness of Pie Adblock may vary from website to website and over time and we make no representation or warranty that all advertisements will be blocked;
      3. if you participate in the Rewards for Ads Program (as defined below) or the Pie Rewards Program (as defined below), you may still see certain advertisements depending on your choices and the terms of the program you are participating in; and
      4. if we detect that there are affiliate rewards available to your browsing session, we will present you with the option to block or keep the affiliate tracking enabled.
    4. Rewards for Ads Program. Pie Adblock includes a functionality that allows you to choose whether to still see advertisements from certain approved websites or advertisers in exchange for Pie Points (as defined below) (the “Rewards for Ads Program”). If you choose to participate in the Rewards for Ads Program, then the Company will use its advertisement network to surface advertisements to you in exchange for Pie Points. The amount of advertisements that you are shown will depend on the tier that you select when signing up for the Rewards for Ads Program. You may opt-out of the Rewards for Ads Program at any time by updating your Account settings, in which case you will no longer have the opportunity to receive Pie Points under the Rewards for Ads Program and the Company will block advertisements in accordance with Section 1.3. The Pie Points you receive per advertisement may depend on a variety of criteria, as determined by the Company in its sole discretion from time to time, including, without limitation, the type of advertisement presented and the actions taken in association with such advertisement. Pie Points will be issued as part of the Pie Rewards Program as set forth in Section 1.5.
    5. Pie Rewards Program. The Services permit you to earn rewards (“Pie Points”) from certain eligible actions as determined by the Company in its sole discretion from time to time, including, without limitation by seeing advertisements through our Rewards for Ads Program or making purchases from participating Merchants through Pie Shopping (the “Pie Rewards Program”). For clarity, if you do not participate in the Rewards for Ads Program, you can still receive Pie Points for participating in eligible Promotions via Pie Shopping, and vice versa - if you do not participate in Pie Shopping you can still receive Pie Points for participating in the Rewards for Ads Program.
    6. Pie Rewards Program Terms.
      1. If you participate in the Pie Rewards Program, you acknowledge and agree that:
        1. In order to participate in the Pie Rewards Program, you must have an Account with the Services which is in good standing and be logged into such Account in order to earn any Pie Points. You are only permitted to use one Account to participate in the Pie Rewards Program.
        2. Pie Points will expire if your Account has been inactive for more than 12 months - meaning that you have not taken any action on the Services to accrue additional Pie Points during such time. Notwithstanding the foregoing, at the end of the 12-month period, we will endeavor to provide you with written notice (i.e., to the email account you provided at sign up), and you may keep your Pie Points if you become active on your Account during the thirty 30-day period from the date of such notice.
        3. Pie Points are not your property. Points are not a substitute for currency or medium of exchange. Pie Points may not be assigned, sold, bartered or transferred to any person (including upon death or as a part of a domestic relations matter). Any attempt to do so is prohibited and may cause the Pie Points to be voided. Pie Points neither have cash value, surrender value, transfer value nor any other value of any kind until and to the extent they are actually redeemed as outlined below.
        4. Eligible user actions that accrue Pie Points, and the amount of Pie Points awarded for any specific action, may be updated from time to time in the Company's sole discretion. You may earn less Pie Points than were shown to you on the Services due to certain exclusions that may apply on any given eligible user action, as determined in the Company's discretion and based off information from our third-party partners.
        5. The Pie Rewards Program may not be available in all countries or locations.
        6. Your use of ad-blockers or any similar software, other than Pie Adblock, may result in Pie Points not properly being rewarded. The Company has no responsibility or liability to you for any issues caused by such third-party software.
        7. If we do not credit or improperly deny Pie Points to which you were otherwise entitled, then your exclusive remedy will be to contact us, in which case we will review the issue, and if we determine in our sole discretion that you should have received the Pie Points in question, then we will issue the improperly denied Pie Points, if available, or provide such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents or representatives have any other or additional liability to you or any other person for such error(s) or denial(s), subject to applicable law.
      2. Redemption. Subject to your compliance with these Terms, you may redeem your Pie Points for cash, but only if you have first connected your Account to an active PayPal account or other third-party account that we may make available from time to time (your “Redemption Account”). You may redeem USD$1 for each 100 Pie Points that you are awarded through the Services (and foreign currencies will be subject to the applicable conversion rate for USD at the time of redemption). The Company reserves the right to change this conversion rate from time to time in its sole discretion. You may choose to redeem your Pie Points through the redemption page on our Website; provided that, you may only redeem your Pie Points once you have at least 1,000 Pie Points, and which minimum number may vary from time to time (or from region to region) in the Company's sole discretion. Upon redemption, the relevant amount will be automatically deposited into your Redemption Account after it has been processed by the applicable provider of such Redemption Account. We are not responsible if the provider denies your Redemption Account from receiving such redeemed amounts. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Pie Rewards Program.
      3. Restrictions; Cancellations; Forfeiture. We may end this Pie Rewards Program at any time for any reason or no reason, upon notice to you. We may temporarily or permanently disqualify you from participating in the Pie Rewards Program and/or adjust or cause to be forfeited any or all Pie Points accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law or any other violation of any of the terms or conditions of these Terms, in each case as determined by us in our sole discretion.
    7. Creating and Safeguarding your Account. To use certain of the Services, you need to create an account or link another account, such as your Apple or Google account, if we make such linking available (“Account”). You agree to provide us with accurate, complete and updated information for your Account, which you can update through the settings page of your Account profile on the Website or in the Extension settings. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. You must immediately notify us at help@pie.org if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your Account, or we previously banned you from any of our Services, unless we provide written consent otherwise.

  2. LOCATION OF OUR PRIVACY POLICY

    1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://pie.org/privacy.

  3. RIGHTS WE GRANT YOU

    1. Right to Use Services. We hereby permit you to use the Services for your personal, internal use only, provided that you comply with these Terms in connection with all such use. With respect to the software for the App and Extensions, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software (and a right to download a single copy of the App or relevant Extension onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
    2. Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
      1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
      2. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
      3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
      4. use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services or impersonate human activity on the Services (including to earn Pie Points in a fraudulent or deceitful manner, as determined in our sole discretion);
      5. exploit the Services for facilitating any commercial advertisement or solicitation;
      6. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
      7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
      8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
      9. use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
      10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
      11. use the Services in a manner that is unlawful, defamatory, obscene, harassing, hateful, abusive, or for purposes of inciting, organizing, promoting or facilitating violence or illegal activities;
      12. access or use the Services in any way not expressly permitted by these Terms.
    3. Use of the App and Extensions. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App and Extensions. We do not guarantee that the App and Extensions can be accessed, installed or used on any particular device or browser or in any particular geographic location. As part of the Services, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App and Extensions (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App and Extensions on your device, including for your receipt of Push Messages from the Company.
    4. Mobile Software from the Apple App Store. If you are using our App from the Apple App Store, there are a few additional terms that apply to you (including the App Store's terms of use and any other applicable third party terms): (i) Apple is not a party to these Terms and isn't responsible for our App or anything on it; (ii) if the App does not conform with its applicable warranty, you can notify Apple and Apple will refund your purchase price (if any), but otherwise Apple does not provide any other warranties and does not have any other obligations or liabilities to you regarding the App (including the provision of any maintenance or support services); (iii) Apple is not responsible for any claims relating to the App (including, among others, product liability, infringement and consumer protection claims); and (iv) Apple and its subsidiaries are third party beneficiaries of these Terms and have the right to enforce them. If any Terms are more or less restrictive than, or conflict with the terms in this Section, the more restrictive terms will apply (but only with respect to your use of the App from the Apple App Store).
    5. Beta Offerings. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.

  4. OWNERSHIP AND CONTENT

    1. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, including the Company's names, trademarks and logos, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its, including, without limitation, the exclusive right to create derivative works.
    2. Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”), but we will exclusively own Feedback you provide and can use it for any purpose whatsoever. You hereby assign to the Company any and all rights you may have in and to any and all Feedback.
    3. Modifications to Services and Programs. We may, in our sole discretion, cancel, change, amend, modify, or restrict any aspects or features of the Services, including the Rewards for Ads Program and Pie Rewards Program or any portions thereof. With respect to changes to the Pie Rewards Program, we may apply such changes retroactively to any Pie Points which have already been earned.

  5. THIRD-PARTY SERVICES, PRODUCTS AND MATERIALS

    1. Purchases from Third Party Merchants. All purchases of any products or services under any Promotions are from the Merchant directly. Additional exclusions, terms and conditions may apply to Promotions and any purchases you make in connection with Promotions, including the terms and conditions of the applicable Merchants. You are responsible for reviewing and complying with such additional terms and conditions. The Services do not enable you to make purchases or process payments on your behalf for such transactions. The Company is not a party to any such transactions and shall have no responsibility or liability to you for any products or services you purchase from Merchants, including any product liability claims or for any additional or improper charges, delivery issues, pricing errors, or product descriptions. To the maximum extent permitted by applicable law, you release Company and its officers, directors employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a Merchant in connection with the Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” We do not endorse, warrant or guarantee any such products or services from Merchants. If you have a dispute with any Merchant, we have no obligation or responsibility to become involved, though we may do so at our election in our sole discretion.
    2. Use of Third-Party Services in the Services. The Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third-party websites, products or services (“Third-Party Services”), including, without limitation, through Pie Shopping. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any aspect of the Third-Party Services. If you access the Third-Party Services, you do so at your own risk, and we will not be liable to you for such use or access.

  6. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

    1. Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 7.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
    2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY CLAIMS, DEMANDS OR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    3. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your use of the Services (including any purchases you make under any Promotions); or (iv) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

  7. ARBITRATION AND CLASS ACTION WAIVER

    1. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
    2. Informal Process First. You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
    3. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company's services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms) and payment of all filing, administration and arbitrator costs and expenses will be subject to the JAMS Schedule of Fees. Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and Class Actions (as defined below) are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a Class Action or class arbitration.
    4. Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:
      1. Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
      2. Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
      3. intellectual property Claims.
    5. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to help@pie.org or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within 30 days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt-out of only the arbitration provisions, and not also the Class Action waiver, the Class Action waiver still applies. You may not opt-out of only the Class Action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
    6. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and the Company agree that in the event that there are 100 or more individual Claims of a substantially similar nature filed against the Company by or with the assistance of the same law firm, group of law firms, or organizations, then within a 30-day period (or as soon as possible thereafter), JAMS shall (i) administer the arbitration demands in batches of 100 Claims per batch (plus, to the extent there are less than 100 Claims left over after the batching described above, a final batch consisting of the remaining Claims); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Claims are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by the Company. You and the Company agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Claims, as well as any steps to minimize the time and costs of arbitration, which may include: (a) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (b) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
    7. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

  8. ADDITIONAL PROVISIONS

    1. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
    2. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) or your participation in the Pie Rewards Program with or without notice, for any or no reason. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company's other rights or remedies at law or in equity.
    3. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
    4. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
    5. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 7, or if arbitration does not apply, then the state and federal courts located in Los Angeles, California.
    6. How to Contact Us. You may contact us regarding the Services or these Terms at:
      The People's Internet Experiment, Inc. 13800 Bora Bora WayMarina Del Ray, CA 90292-6803help@pie.org