Terms of Service

Last modified on February 29, 2016

1. Acceptance of Terms.

(a) Welcome to Pie in the Sky! We are Pie in the Sky, we are operated by Monkey on the Moon, LLC, a Texas limited liability company (“We”, “Us”, “Pie in the Sky,” or the “Company”), and we offer Pie in the Sky membership services, including but not limited to use of office space, office equipment, bedrooms, shower, kitchen, Internet access (the “Facility Services”), Pie in the Sky websites, and access to other Services (collectively, the “Services”), to you, the undersigned, according to the terms of service (the “Terms” or “Terms of Service”) below, as well as all other operating rules, policies and procedures, each of which are incorporated herein by reference and each of which may be updated by Pie in the Sky from time to time without notice to you:

(i) Membership Agreement,

(ii) Privacy Policy,

(iii) House Rules.

(b) These Terms govern your access to and use of Pie in the Sky Facility Services, and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on and at the Services (collectively referred to as “Content”).

(c) By clicking a box that states that you accept or agree to these Terms or by using our Services, you are agreeing to the terms below. Please read them carefully.

(d) We reserve the right to modify these Terms without notice. Your continued usage of the Services constitutes your acceptance of these Terms. Violation of any Terms will result in termination of your membership at Pie in the Sky. Questions about the Terms of Service may be sent to hello@pieinthesky.us.

(e) IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SERVICES.

2. Access to Services.

(a) Pie in the Sky does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Pie in the Sky or on the Services. If we learn we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at hello@pieinthesky.us.

(b) You represent and warrant to Pie in the Sky that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

(c) Pie in the Sky may prohibit any user from using the Services in its sole discretion for any reason, and we are not liable for any damage or loss resulting from such prohibition.

(d) You may sign up for the Services on the Pie in the Sky website or at a Pie in the Sky facility.

3. Basic Terms.

(a) You are responsible for using the Services, for any Content you post to the Services, and for any consequences. The Content you submit, post, or display can be viewed by other users of the Services and through third party services and websites. Only provide Content that you are comfortable sharing with others under these Terms. TO BE CLEAR – WE ASSUME NO LIABILITY FOR THE CONTENT THAT YOU SUBMIT TO THE SERVICES OR POST FOR VIEWING BY ANOTHER PIE IN THE SKY USER.

(b) You may use the Services only if you can form a contract with Pie in the Sky and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services for a company, organization, government, or other legal entity, you represent and warrant you are authorized to do so. You may use the Services only in compliance with these Terms and all local, state, national, and international laws, rules and regulations.

(c) The Services that Pie in the Sky provides are always evolving, and the form and nature of the Services that Pie in the Sky provides may change from time to time without prior notice to you. Pie in the Sky may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.

(d) The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Pie in the Sky granting you access to and use of the Services, you agree that Pie in the Sky, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

(e) Common areas within the Pie in the Sky facility are under surveillance 24 hours/7 days a week.  Cameras are used solely for security purposes, and footage will only be viewed for security purposes or in the event of a security violation.

(f) Any Pie in the Sky member who causes any damage, harm, or injuries to the Pie in the Sky facility, its items, its crew, its members, its visitors, or any surrounding elements will be held responsible for the damages, harms, or injuries he/she causes.

(g) Members must be respectful and take care of the space at Pie in the Sky.

(h) The Membership Agreement and House Rules will be provided to each member before or on the day of arrival at the Pie in the Sky facility. Any member in violation of the House Rules will be subject to warnings and immediate removal depending on the conditions of the violation. Accepting the Membership Agreement and House Rules means you consent to the rules provided in those documents.

4. Rights. Under no circumstance does your membership afford you any rights as a tenant, sub-tenant or renter under Pie in the Sky’s lease for its office space. As a member, you are a guest of Pie in the Sky in our leased space.  

5. Privacy. Any information you provide to Pie in the Sky is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Pie in the Sky. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Pie in the Sky membership, which you may not be able to opt-out from receiving.

 6. Fees.

(a) You will pay your membership fee upfront based on the terms of your Membership Agreement before or on the day you arrive at Pie in the Sky (the “Start Date”). Our membership terms are day-to-day, week-to-week, and month-to-month (the “Membership Term”). Starting from your Start Date, Pie in the Sky will, on a periodic basis as agreed in the Membership Agreement if you choose to renew the Membership Term, automatically bill you the amount due for the Membership Term (“Membership Fee”). You shall pay each Membership Fee by the date agreed upon in the Membership Agreement. You may cancel a membership at any time pursuant to Section 15.

(b) All Membership Agreements will include the requirement to pay the first Membership Fee before or at the time of entering into the Membership Agreement in order to become a member. Failure to pay the Membership Fee or not accept the Terms of Service, the Membership Agreement, the Privacy Policy, or other policy documents and House Rules incorporated herein will result in not becoming a member and the Membership Term not being reserved.

(c) Once you become a member, you will have access to the Pie in the Sky website Services for members, but not the Pie in the Sky Facility Services until your Start Date. Access to the Pie in the Sky Facility Services will terminate at the end of the Membership Term.

(d) In the event you fail to pay the Membership Fee by the date agreed upon in the Membership Agreement, you agree to pay a 10% penalty fee on the outstanding amount owed.

(e) Pie in the Sky shall have the right to withhold Services while there are outstanding fees or if you are in breach of this Terms of Service, the Membership Agreement, the Privacy Policy, or other policy documents and House Rules incorporated herein.

(f) Rates are subject to change at any time.

7. Checkout and Payment. Payments are processed through third-party payment processors, including but not limited to Stripe and Square. We do not store any credit card or payment information on our servers.

8. Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Pie in the Sky account. Pie in the Sky cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

9. Confidentiality.

(a) You acknowledge and agree that during your participation in and use of the Services, you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Pie in the Sky or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.

(b) Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Pie in the Sky, any analyses, compilations, studies or other documents prepared by Pie in the Sky or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.

(c) Your participation in and/or use of the Services obligates you to:

(i) Maintain all Confidential Information in strict confidence;

(ii) Not disclose Confidential Information to any third parties; and

(iii) Not use the Confidential Information in any way directly or indirectly detrimental to Pie in the Sky, or any participant or user of the Services.

(d) All Confidential Information remains the sole and exclusive property of Pie in the Sky or the respective disclosing party. You acknowledge and agree that nothing in this Terms of Service or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Pie in the Sky or any participant or user of the Services.

10. Content on the Services.

(a) You are granted a limited, nonexclusive, non-sublicensable license to access and use the Services. This license is revocable at any time. This license is subject to these Terms.

(b) You acknowledge that Pie in the Sky has no control over, and no duty to take any action regarding the following: (i) which users gain access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services.

(c) All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Pie in the Sky is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Services. By using the Services, you agree that any Content you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated.

(d) We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Pie in the Sky be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

11. No Unlawful or Prohibited Use.

(a) As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Pie in the Sky server, or the network(s) connected to any Pie in the Sky server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Pie in the Sky server or to any of the Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

(b) You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this Terms of Service and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.

(c) We reserve the right (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend or terminate users or reclaim usernames without liability to you. We also reserve the right to retrieve and review communications between all Pie in the Sky users. As a normal course of business, we do not review interactions between the users, but if we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

(d) You are prohibited from posting Content that:

(i) Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

(ii) Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;

(iii) Is a direct and specific threat of violence to others;

(iv) Is in furtherance of illegal activities;

(v) Is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or

(vi) Is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

(e) You may not submit or publish Content that contains falsehoods or misrepresentations, solicits funds or services, contains advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, violates the publicity, privacy or data protection rights of others, impersonates others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of Pie in the Sky regarding their Content. You agree not to circumvent, disable or otherwise interfere with the security related features of the Pie in the Sky or features that prevent or restrict using any content.

(f) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Pie in the Sky, its users and the public. Pie in the Sky does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

(g) You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Pie in the Sky’s computer systems, or the technical delivery systems of Pie in the Sky’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Pie in the Sky (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with Pie in the Sky (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.

12. Use of Services.

(a) You agree that when participating in or using the Services, you will not:

(i) Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);

(ii) Engage in disorderly conduct, drunk behaviors, violence, abuse, defamation, sexual harassment, racial slurs, insults, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or of Pie in the Sky;

(iii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Pie in the Sky Services;

(iv) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

(v) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

(vi) Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

(vii) Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

(viii) Restrict or inhibit any other user from using and enjoying the Services;

(ix) Violate any code of conduct or other guidelines which may be applicable for any particular Services;

(x) Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;

(xi) Violate any applicable laws or regulations;

(xii) Create a false identity for the purpose of misleading others;

(xiii) Participate in sexual activities;

(xiv) Possess drugs or illegal substances; or

(xv)  Possess guns or weapons.

13. User Submissions.

(a) Subject to the license granted below, any Content communicated, uploaded or posted to the Services belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

(b) When you upload, communicate or submit Content on or through the Services, you grant Pie in the Sky a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your Content. This right will continue even after you stop using the Services. Besides the right to publish, you also grant Pie in the Sky, under said license, the following rights, without limitation: (i) the right to reproduce or copy or create derivative works; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; (v) the right to film, perform or post the Content in any media; and (vi) the right to use or incorporate all or any part of the Content in any other of Our products or services. By posting Content, you waive any and all rights to be compensated by Pie in the Sky for such Content.

(c) You agree that any feedback, suggestions, ideas, or other information or materials regarding Pie in the Sky or the Services that you provide, whether by email or otherwise, are non-confidential and shall become the sole property of Pie in the Sky. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without the acknowledgment or compensation to you. You waive any rights you may have to the feedback (including copyrights or moral rights).

(d) The submission of your Content on the Services is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:

(i) The Content represents your own original work. You have all necessary rights to submit the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by using the Content.

(ii) You understand that disclosure of Content does not establish a confidential relationship or obligate Pie in the Sky to treat your Content (or any related materials) as secret or confidential.

(iii) You irrevocably release and forever discharge Pie in the Sky and Our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns regarding the Content, including without limitation regarding how Pie in the Sky and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception regarding the foregoing release and discharge being your right to bring a claim of patent infringement.

14. Copyright Ownership, and Data Security.

(a) Pie in the Sky owns intellectual property rights to any protectable part of the Services and Content, including but not limited to the design, artwork, images, code, icons, photographs of products, labels, slogans, tag lines, functionality, and documentation. You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Content owned by Pie in the Sky.

(b) Pie in the Sky respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information to Pie in the Sky’s copyright agent:

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) A description of where the material that you claim is infringing is located on the site;

(iv) Your address, telephone number, and email address;

(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

(c) Pie in the Sky’s agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email to hello@pieinthesky.us.

15. Cancellation; Termination.

(a) This Agreement shall remain in full force and effect while you use the Services. You may cancel your Membership Term at any time. To cancel your membership, please send an email to hello@pieinthesky.us with “Cancellation” in the subject line or submit a written or typed notification to Pie in the Sky management staff. The refund amount and cancellation fees will be determined based on the promptness and timelessness of the notice.

(b) Cancellation notices received:

(i) 3 weeks prior to the Start Date or prior to the next Membership Fee renewal date = Full refund.

(ii) 2 weeks prior to the Start Date or prior to the next Membership Fee renewal date = 1 week of daily membership rate deducted from the full refund.

(iii) 1 week or less prior to the Start Date or prior to the next Membership Fee renewal date = 2 weeks of daily membership rate deducted from the full refund.

(c) Pie in the Sky may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership if you fail to comply with the Terms of Service, the Membership Agreement, the Privacy Policy, or other policy documents and House Rules incorporated herein.

(d) Refunds will be made according to the cancellation rules mentioned above. If a membership is terminated due to other reasons, the membership payment for the remaining days will be refunded at the rate the membership was purchased and in compliance with the Terms.

(e) In the event you cancel your membership at Pie in the Sky or if your Services are terminated, your right to use the Services or to access any Content will immediately cease, you shall vacate the premises immediately, and you shall return all Pie in the Sky property including but not limited to, keys or access cards. If you leave any of your property at Pie in the Sky, Pie in the Sky may dispose of the property in any way. If such disposal results in proceeds, then the proceeds shall belong to Pie in the Sky. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

(f) Pie in the Sky reserves the rights to accept or decline any membership requests. When declined, any payments made will be refunded.

16. Limitations on Liability.

(a) TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL PIE IN THE SKY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL PIE IN THE SKY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO PIE IN THE SKY HEREUNDER.

17. Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Pie in the Sky, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) using the Services; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) violating these Terms; or (d) violating the rights of another.

18. Services Available “AS-IS.”

(a) Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, PIE IN THE SKY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. PIE IN THE SKY DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICES, AND MEMBERS ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

(b) Pie in the Sky makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Pie in the Sky or through the Services will create any warranty not expressly made herein.

(c) There is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk arising out of participation in or the use of the Services remains with you.

19. Participation In or Use of Services. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Pie in the Sky does not have any liability with respect to your access, participation in, use of the Services, damage or loss of possessions (whether locked or not locked in Pie in the Sky provided facilities), any loss of information resulting from such participation or use, any injuries or death.

20. International Users. The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which is governed by United States law, you are transferring your personal information to the United States and you consent to that transfer.

21. Other Web Sites and Services. We are not responsible for the practices employed by any websites or services linked to or from our Services, including the information or content contained within them. Please remember that when you use a link to go from our Services to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your Content. If you use a third-party website or service and you allow them to access your account, you do so at your own risk.

22. Severability. In the event that any provision or portion of this Terms of Service is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Terms of Service shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

23. Miscellaneous.

(a) Pie in the Sky’s failure to enforce or exercise a right provided in these Terms is not a waiver of that right.

(b) Any dispute between you and Pie in the Sky will be governed by these Terms and the laws of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

(c) This Terms of Service, together with any incorporated documents, constitutes the entire agreement between you and Pie in the Sky and supersedes any and all previous agreements, written or oral, between you and Pie in the Sky, including previous versions of the Terms of Service.

(d) We may modify these Terms as necessary to reflect updates to the Services, pieinthesky.us, or changes in the law. We will post any such modifications to these Terms on this page. If you do not agree with or accept the changes in the Terms, you should discontinue your use of the Services.

(e) These Terms create an agreement between Us and you. They create no third-party beneficiary rights.

(f) Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future.

(g) Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

(h) You hereby acknowledge that you have read and understood all of the terms and conditions contained in this Terms of Service and further agree to be bound to the Terms of Service regarding your participation in and use of the Services.