Terms of Service

‍Pike LLC, doing business as Pike, and its affiliates (collectively, “Pike,” “we,” “us,” or “our”) operate the website located at getpike.com, pike.fyi, and app.getpike.com (the “Websites”)and any related software, service and/or mobile application (each, an “App,” and collectively with the Websites, the “Services”). The following terms and conditions (the “Agreement”) govern your access to and use of the Services. All references to “you” or “your” refer to you orany person who creates a Pike account or otherwise uses the Services and, if applicable, the entity on behalf of which you use the Services.

This Agreement only applies to the Services identified above. Other sites, apps, services, or other online content may have their own terms or conditions of use which should be reviewed.

This Agreement is effective as of March 1, 2024.

IMPORTANT, PLEASE READ CAREFULLY: THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND PIKE, AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES. BY REGISTERING AN ACCOUNT FOR THE SERVICES, BY CLICKING ANY BOX OR BUTTON INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, ORBY OTHERWISE ACCESSING OR USING THE SERVICES OR SUBMITTING USER CONTENT (AS DEFINED BELOW), YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OFAGE OR OLDER AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TOBE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT: (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND MAY BIND SUCH ENTITY TOTHE TERMS OF THIS AGREEMENT; AND (2) SUCH ENTITY HAS FULL POWER AND AUTHORITY,CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. IF YOU DO NOT OR CANNOT AGREE TO BE SO BOUND BY THESE TERMS AND CONDITIONS, THEN YOU ARE NOT AUTHORIZED TO USE THE WEBSITES, ANY PIKE APP, OR ANY OTHER PIKE SERVICES. DO NOT USE OR ACCESS, OR SUBMIT USER CONTENT TO, THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE FURTHER LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.

You understand and agree that from time to time, Pike may without advance notice: (a)supplement or make changes to this Agreement and other rules or access and use procedures, documentation, security procedures and standards for equipment related to the Services, or(b) modify or withdraw any Service. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. In the event of a modification to this Agreement, you will be prompted to accept the Agreement as modified when you next log in to theServices. If you do not accept the terms of the Agreement as so modified, you shall not be permitted to log in to the Services. You may read a current, effective version of this Agreement at any time by selecting the applicable link on the Websites. Your use of the Services after a modification to this Agreement constitutes your acceptance of the modification.

In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Qustodio, Net Nanny and Kaspersky Safe Kids. Please note that Pike in no way endorses or is responsible for these services.

You should also review our Privacy Policy, the terms of which are incorporated herein by reference and made a part of this Agreement.

1. PURPOSE OF THE SERVICES
The purpose of the Websites are to provide you with information about the variety of features and ways in which you can use the Services. The Services are intended for communication, educational, and entertainment purposes as well as for other interactive uses including, without limitation, so users can develop personalized guides to social experiences sorted by interest and geo-location. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. You agree you will only use the Websites, any PikeApp, and any other Services for their intended purposes, and not for other commercial ventures without first seeking approval from Pike. You may not use the Services to establish any independent data files, databases, compendiums, or other reference materials.

By entering into this Agreement, you represent and warrant that you meet the following minimum requirements (“Eligibility Requirements”): (i) you have the necessary rights and authority to enter into and perform the obligations required of you under this Agreement; (ii) all account and billing information, and all data and information which you transmit using theServices (collectively, “Account Data”) is and will remain within your right to use and is accurate, complete and current; (iii) your use of the Services will comply with all applicable laws and regulations; and (iv) you will not infringe the rights of any third party (including, without limitation, any intellectual property rights or privacy rights) in your use of the Services.

Use of the Services requires one or more compatible devices, internet access (fees may apply),and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed internet access is recommended. You should check the minimum requirements and specifications (including memory space and operating system) as set out in any App details on the applicable store page before downloading the App. To download a Pike mobile App, you will need a valid account for the online store where the App is available (as applicable to your device). You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of an App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating.

Certain Services are available via a mobile device including, without limitation: (i) the ability to upload content through the Services via a mobile device; (ii) the ability to receive and reply to messages and receive and send text messages from a mobile device; (iii) the ability to browse the Websites, any Pike App, and other Services from a mobile device; and (iv) the ability to access certain features through an App and other applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may apply to your use of suchMobile Services.

2. OWNERSHIP
Other than the exceptions referenced in this Agreement, with the primary exception being UserContent which remains the property of the respective individual who uploads or posts such content as set forth in Section 6, below, Pike and its licensors and suppliers own all information, text, reports, analyses, data, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content available on or through the Services, as well as the collection, design, production, selection and arrangement thereof(collectively, the “Pike Materials”). We may incorporate third party software (including open-source software) as part of the Services, and all such third-party software is subject to additional terms (if any) provided by the third-party licensor. The PIKE trademark and other names, marks, and logos appearing on or through the Services (collectively, the “Trademarks”)are owned by or licensed to Pike and are used with permission of the owner. Pike Materials are protected by trademark, copyright, and other applicable laws related to intellectual property, and the unauthorized use of any Pike Materials may result in the violation of such laws. Pike requires you to respect the intellectual property rights that we and our licensors or suppliers have in the Pike Materials and in the Trademarks.

You acknowledge that no right, title, or interest in or to any Pike Materials or Trademarks is transferred to you as a result of you accessing or using the Services, and you will not use, copy, or display Pike Materials or Trademarks except as permitted under this Agreement. No other use is permitted without Pike’s express prior written consent. You must retain and display all copyright, trademark, and other proprietary notices contained in the Pike Materials on any authorized copy you make. All goodwill generated from the use of any Pike Trademarks shall inure to Pike’s benefit. You may not sell, transfer, assign, license, or sublicense any PikeMaterials or Trademarks. The use or posting of any Pike Materials on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Services shall automatically terminate and you shall immediately destroy any copies you have made of any Pike Materials.You further acknowledge Pike’s proprietary rights in the Services and associated documentation and shall protect the proprietary nature thereof. All rights not expressly granted to you under this Agreement are reserved to Pike.

If you suggest any new features, functionality or performance for any Service that Pike subsequently incorporates into the Service (or any other software or service), you hereby acknowledges that (i) Pike shall own, and has all rights to use, such suggestions and theService (or any other service) incorporating such new features, functionality, or performance shall be the sole and exclusive property of Pike and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon Pike.

3. LICENSE
Subject to the conditions of this Agreement, Pike hereby grants to you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to view and use the Services in a manner that is consistent with the terms of this Agreement and the intended purposes of theServices for the duration of any subscription or other authorized permission you may have to use the Services. If you purchase any subscription or other fee-based services provided byPike via the Services, then this license is contingent upon your payment of any applicable fees and your compliance with any other terms and conditions applicable to you as a subscriber or user of paid Services. You agree this is the grant of a license, not a transfer of title, and does not give you any ownership or intellectual property interest in any Pike Materials or theTrademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Pike Materials. Under this license, you may not attempt to decompile or reverse engineer any software contained on or through ourServices or transfer the content to another person or “mirror” the content on any other server.Pike reserves the right to terminate this license for any or no reason and at any time without notice to you including, but not limited to, for breach of any term contained in this Agreement.All rights not expressly granted to you under this Agreement are reserved by Pike. There are no implied rights.

4. USER IDS.
To create an account to use the Services, you may be required to create a unique identification name and password, passcode, or other account access information (“User ID”). You shall be solely responsible for all activities occurring through the use of your User ID, and for ensuring the security and confidentiality of your User ID. You acknowledge that you will be fully responsible for all liabilities incurred through use of your User ID and that any transactions under your User ID will be deemed to have been performed by you. Use of any User ID other than as provided in this Agreement shall be considered a breach of this Agreement by you. Pike assumes no responsibility or liability for the violations of anyone using your User ID. You shall provide Pike with prompt notice if you suspect your User ID may have been compromised.If Pike suspends or terminates your account for the Services, you acknowledge that all AccountData and other information and content associated with your User ID will no longer be available to you.

5. PERSONAL INFORMATION
You may be required to submit information that is personal, or which identifies or could be associated with you such as your name, e-mail address, telephone numbers and other personal information (“Personal Information”) to use the Services. Your Personal Information will be handled in accordance with our Privacy Policy.

6. USER CONTENT
Certain parts of the Services may allow you and third parties who use or advertise through ourServices to submit content for viewing by other users of the Services, including but not limited to, photographs, images, videos, information, comments, suggestions, graphics, drawings, designs, or other similar visual or audio data or materials (collectively, “User Content”). By uploading or submitting any User Content to Pike, you represent and warrant that you are the original author, owner, or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. Unless Pike notifies you otherwise in writing, when you submit User Content to Pike, you grant Pike a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free, freely transferable right (including moral rights) and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate, sell, and distribute the User Content, and to incorporate such UserContent into any form or medium now known or hereinafter invented, without compensation to you, for the purposes of: (i) displaying and demonstrating the capabilities and functioning of the Services; (ii) marketing or promoting the Services; and/or (iii) for any other purposes to which you consent. You also agree to permit any other user of the Services to access, display, view, store, and reproduce such User Content for personal or non-commercial use. This license includes any right of publicity rights that may be present in the User Content. No User Content will be subject to any obligation of confidence on the part of Pike.

You hereby agree that to the extent you include in your User Content any Personal Information,Pike may process and disclose such information as necessary to: (i) fulfill Pike’s obligations under this Agreement; (ii) comply with any applicable legal obligations; (iii) avoid any imminent harm to you or another person; (iv) carry out tasks in the public interest; or (v) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree to use the Services in accordance with all applicable privacy laws and regulations, and will provide notice and obtain consent as necessary to transfer or disclose any third party’s Personal Information to Pike and its vendors or their respective affiliates, subcontractors, agents, successors and/or assigns in connection with the provision of the Services.

Pike reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your User Content. You waive and hold Pike harmless from any claims resulting from any action taken by Pike during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Pike or law enforcement in relation to your User Content.

You acknowledge and agree that Pike may refuse, alter, edit, delete, or disclose any UserContent in whole or in part without cause and without notice for any legitimate purpose including, but not limited to, to address any User Content that Pike determines is inappropriate or disruptive to the Services or to any other user of the Services. You further acknowledge that disputes arising from an alleged violation of intellectual property rights may result in Pike suffering irreparable harm and that, in the event of such a dispute, Pike may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.

You shall be solely liable for any damages, royalties, or fees resulting from any infringement o frights or any other harm resulting from any User Content you make available on or through theServices.

PIKE HAS NO OBLIGATION OR DUTY TO, AND DOES NOT REPRESENT THAT IT WILL,MONITOR, CHANGE, OR REMOVE ANY USER CONTENT. ALL USER CONTENT IS PROVIDED“AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.

7. INTERACTIONS WITH THIRD-PARTY SERVICES
The Services feature a communications platform for enabling the connection between individuals who are seeking local products or services and third-party persons or entities seeking to offer their products and services to local users (such persons or entities are referred to as “Service Providers” and their services are referred to as “Third-Party Services”). TheServices merely provide a venue through which Pike’s users contract between themselves and, as such, Pike does not have any control over the quality, timing or legality of Third-PartyServices actually requested or delivered through our Websites, Apps, or other Services. The respective third-party Service Providers and their customers agree to make their own decisions and assessments about whether to participate in any Third-Party Services. In no way is Pike involved in transactions for Third-Party Services and Pike does not independently verify any of the offerings made by any third-party Service Provider.

Service Providers and their customers must deal directly with each other to resolve any disputes between them. Pike will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes betweenService Providers and their customers.

Pike makes no representation or warranty: (i) that any Service Provider shall be willing or able to provide you with Third-Party Services; (ii) that any Service Provider or Third-Party Services shall be satisfactory or meet your needs; (iii) as to the completeness or quality of any Third-Party Services; (iv) as to the truth, accuracy, completeness, quality, or usefulness of any information communicated to you by a Service Provider (“Third-Party Information”); or (v) as to the qualifications or expertise of any Service Provider. Pike does not endorse or recommend any Service Provider or Third-Party Service, and is not involved with the substance of your relationship with any Service Provider. You acknowledge that Third-Party Information does not represent Pike’s opinion or advice. In no event shall Pike: (x) be liable for any damages whatsoever resulting from your reliance on Third-Party Services or Third-Party Information; (y)have responsibility for any act or failure to act of any Service Provider; or (z) refund any amounts paid by you for any Third-Party Services. You acknowledge that Service Providers are not employees of Pike. You hereby release Pike and its affiliates from any claims, actions or demands arising or resulting from the acts of Service Providers.

8. CHILDREN’S PRIVACY
The Services are not designed for or targeted to children under the age of 18, and Pike will never knowingly solicit or collect the Personal Information of a child under the age of 18. If we discover that Personal Information from someone under the age of 18 has been submitted and made publicly available on or through the Services without verifiable parental consent, we will immediately delete such Personal Information.

9. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Pike is under no obligation to, and does not, scan User Content or other third-party content made available in connection with the Services for the inclusion of illegal or impermissible content. However, Pike respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another party’s copyright. It is Pike’s intention to fully comply with the DMCA, including the DMCA’s notice and “take down” provisions.

If you believe in good faith that any content or materials available on or through the Services infringes your copyright, you (or your agent) may provide Pike with written notice requesting that the applicable content or materials be removed, or that access to it be blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA(see http://copyright.gov/ for details).

Under the DMCA, notices must, at a minimum, contain the following details: • A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, are presentative list of such works at that location;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pike to locate the material, such as its URL;
• Information reasonably sufficient to permit Pike to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under the penalty of perjury, that the information in the notification is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to Pike’s designated agent for claims of copyright infringement as follows:

Pike LLC
Copyright Agent
34 Audrey AvenueSuite #3
Oyster Bay, NY 11771
support@getpike.com

Pike takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any accounts and/or users that are connected to valid and repeat copyright infringement complaints.

If you believe that any User Content available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to support@getpike.com your allegation and please specify “Copyright Agent” in the subject line of the email. Pike takes infringement of intellectual property rights seriously and will investigate the matter.

10. PROHIBITED ACTS
In using the Services, you may interact with other users of Pike’s Services. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with the terms of this Agreement. Pike is not responsible for the conduct of any other user of the Services who may interact with you, regardless of whether or not it is done through the Services. Much of the information and other content circulated through theServices is User Content. Pike cannot guarantee that any User Content is accurate, complete, reliable, or updated on any regular basis. Pike has no direct control over any User Content, and therefore Pike is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any User Content. None of the User Content available on or through the Services is fact-checked or maintained by Pike.

You agree that you are responsible for your User Content and your use of the Services. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to: (i) United States export control law and any other laws regarding the transmission of technical data exported from your country of residence; (ii) all anti-spam, privacy, and anti-terrorism laws and regulations; and(iii) any applicable laws requiring the consent of subjects of audio and video recordings. You agree that you are solely responsible for your compliance with all such laws and regulations.

The following is a non-exhaustive list of activities that are prohibited in connection with theServices:
• criminal or tortious activity, committing fraud or conspiracy, sending sexually explicit images or obscene materials, gambling, harassment, threatening, stalking, spamming, sending of viruses or other harmful files, intellectual property infringement or trade secret theft, or sending hateful, insulting or discriminatory materials, messages or content;

• inciting, promoting, fostering, or endorsing violence of any kind towards any racial, ethnic, religious, or other group, including any political party or social organization and/or any governments or agencies;

• using any information contained in the Services for purposes of constructing a competing service or otherwise diminishing the value of the Services;

• web scraping, framing or utilizing framing techniques to enclose, or deep link to, anyTrademarks, Pike Material or other proprietary information of Pike or its licensors and suppliers;

• engaging in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Services and/or Pike’s computers, servers or networks, or the computers or systems belonging to any other users of the Services;

• any automated use of the Services or User Content, such as using scripts to add subscribers or send comments or messages; interfering with, disrupting, or creating an undue burden on the Services;

• implying that Pike endorses any Third-Party Services or any of your statements or positions;

• removing copyright, trademark or other proprietary rights notices contained in or on theServices;

• using robots, spiders, or other automated devices to retrieve or index any portion of theServices;

• attempting to impersonate another person or entity;

• using any information obtained from the Services to harass, abuse, discriminate against or harm another person;

• transmitting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or

• using the Services in a manner inconsistent with applicable laws and regulations.

Pike reserves the right to investigate and take appropriate legal action against anyone who, inPike’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.

11. TERM AND TERMINATION
Unless you are otherwise notified, agree to, and are allowed by Pike, the term of thisAgreement shall begin when you start using our Services or otherwise indicate your acceptance of this Agreement, and shall continue for as long as you maintain an account or otherwise use the Services (the “Term”).

Pike may, in its sole discretion, terminate this Agreement by discontinuing operation of theServices. Pike reserves the right to terminate your account and prevent you from accessing theServices at any time and for any reason, including, but not limited to, your violation of thisAgreement or the law. The violation of any of the terms and conditions set forth in thisAgreement may result in the immediate termination of your right and license to use the PikeMaterials and obligates you to immediately destroy any copies of the Pike Materials in your possession.

12. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE SET FORTH HEREIN, THE SERVICES AND THE PIKE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PIKE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, PIKE MATERIALS AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION,AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY OBJECTION TO THE TERMS OF THIS AGREEMENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.

Pike Materials and User Content may contain inaccurate or out-of-date information or typographical or spelling errors. Pike does not make any representations or warranties regarding: (i) the truth, accuracy, completeness, timeliness, legality, or reliability of any PikeMaterials and User Content; or (ii) any results to be obtained from using the Services or relying on the Pike Materials and/or the User Content.

Pike does not warrant that: (i) the quality of any information, products, services, or other material that you obtain from the Services will meet your expectations; (ii) the Services will operate uninterrupted and error-free; (iii) the Services will be free of viruses, worms or other harmful material; or (iv) the Services will operate in perpetuity.

Pike shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, extreme weather, strikes or labor disputes, or other similar or dissimilar causes beyond Pike’s control. You acknowledge that the performance of certain of Pike’s obligations may require the cooperation of third parties outside the control of Pike. In the event such third parties fail to cooperate withPike in a manner that reasonably permits Pike to perform its obligations, such failures shall be considered as causes beyond the control of Pike for the purposes of this section and shall not be the basis for a determination that Pike is in breach of any of its obligations under thisAgreement or is otherwise liable.

13. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICES, PIKE MATERIALS, AND ANY USER CONTENT OR THIRD-PARTY SERVICES AT YOUR OWN RISK.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, PIKE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS,SUPPLIERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION,PRODUCTION OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “PIKE PARTIES”)SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,ARISING OUT OF THE SERVICES, PIKE MATERIALS AND USER CONTENT, EVEN IF THE APPLICABLE PIKE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY OF THE PIKE PARTIES FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THE SERVICES, PIKE MATERIALS AND USER CONTENT WILL INNO EVENT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE THREE (3)MONTHS PRIOR TO A CLAIM ARISING HEREUNDER OR, IF YOU ARE NOT A PAID USER OF THE SERVICES, THEN ONE HUNDRED DOLLARS ($100).

PIKE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION,INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,OR ALTERATION OF, ANY USER COMMUNICATION. PIKE IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT,MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER KINDS OF DAMAGES. ACCORDINGLY, CERTAIN EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE PIKE PARTIES TO ANY USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

15. ADDITIONAL TERMS
Occasionally, Pike may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “AdditionalTerms”), which will be posted in specific areas and require reading and acceptance. TheAdditional Terms are incorporated herein by reference and made a part of this Agreement. For example, Pike may offer promotions, sweepstakes, contests, or features that have their own special Additional Terms. To the extent any portion of any Additional Terms conflict with the terms of this Agreement, the Additional Terms will govern for that specific portion unless stated otherwise.

Pike’s Services include the use of Google Maps features and content, or you may elect to use the Services in connection with other similar navigational applications that you have enabled on your device or computer. Any use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://policies.google.com/privacy. If you use other third-party applications to help with maps or other navigational features of Pike’s Services, then your use of such third-party applications will be subject to the terms of use, privacy policies, and other legal terms or policies that govern those third-party applications, and you should review such third-party terms and policies before using any external applications or other services.

16. INDEMNIFICATION
You agree to defend, indemnify, and hold the Pike Parties harmless from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs)arising out of: (i) your use of or reliance upon the Services or the Pike Materials; (ii) any conduct by you that violates the terms of this Agreement or applicable law; (iii) your use of or reliance upon any Third-Party Services or Third-Party Information, and any interactions you have withService Providers or other users of our Services; or (iv) your infringement of the intellectual property rights of third parties.

Pike shall provide notice to you of any such indemnification claim, suit, or proceeding. Pike reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 16. In such case, you agree to cooperate with any reasonable requests in assisting Pike's defense of such matter. Your indemnification obligations shall survive the termination this Agreement.

17. ACCESSIBILITY
Pike is working to maintain the accessibility and usability of the Services. It is important to note that online accessibility efforts for the Services are ongoing as we work to implement improvements consistent with the Web Content Accessibility Guidelines over time.

For assistance in better understanding the content of this Agreement or any other content available through the Services, please call 1-516-888-0518 during our regular business hours24/7. If you would prefer to provide feedback or ask questions by email, please write to us at support@getpike.com and be sure to specify the portion of the Services where you may behaving issues related to assistive technology such as screen readers, so that we can look into making that part of our Services more accessible.

18. GENERAL PROVISIONS
This Agreement is governed by the laws of State of New York without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in New York, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services.

Pike’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.

Pike may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Pike.

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.

Except as expressly provided elsewhere on the Services, this Agreement constitutes the entire agreement between you and Pike with respect to your use of the Services.

19. CONTACT INFORMATION
To contact Pike, please use the following information: support@getpike.com

Effective Date: March 14, 2024