Logo
Thank you for selecting the Services offered by Pike Systems, Inc. and/or its subsidiaries and affiliates (referred to as "Pike Systems", "Pike," "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This is a legal agreement between you and Pike Systems. By accepting electronically (i.e., clicking "I Agree"), installing, accessing, or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
Pike Systems, Inc., an Illinois, USA company ("Pike Systems"), hereby grants to you a non-exclusive subscription (a "Subscription") to use Pike's Comprehensive Cleaning Solutions (CCS) Audit (identified above as the "Services") and the accompanying printed material and User Manual (the "Documentation"), if any, on the terms set forth below.

A. GENERAL TERMS
1. AGREEMENT
This Agreement describes the terms governing your use of Pike Systems' products, website, and online services provided to you on this website or by other means, including content, updates, and new releases (collectively, the "Services"). It includes by reference:

  • a) Pike Systems' Privacy Statement provided to you.
  • b) Additional Terms and Conditions, which may include those from third parties.
  • c) Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc. 
2. YOUR RIGHTS TO USE THE SERVICES

  • 2.1 
    The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Pike Systems. Pike Systems, Inc. reserves all other rights in the Services. Until termination of this Agreement, and, as long as you meet any applicable payment obligations and comply with this Agreement, Pike Systems, Inc. grants to you a limited, nonexclusive, nontransferable right and license to use the Services. The Services are licensed, not sold, and Pike Systems, Inc. reserves all rights to the Services not expressly granted by Pike Systems, whether by implication, estoppel, or otherwise.

  • 2.2
    You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation, or this Agreement. You agree you will not:

    i. Work around any technical limitations in the application.
    ii. Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.
    iii. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.
    iv. Publish or otherwise make the application available for others to copy.
    v. Rent, lease, or lend the application.
    vi. Transfer the application or this agreement to any third party. 

  • 2.3
    Except as may otherwise be provided herein, each individual subscription holder may use the Services on any computer or smart device, provided you have a valid subscription.
3. PAYMENT
For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless Pike Systems, Inc. or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

  • 3.1
    Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes unless stated otherwise. Taxes, if applicable, are calculated based on your location at the time your Pike Systems, Inc. account was registered. We may suspend or cancel the Services if we do not receive an on-time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.

  • 3.2
    Your Billing Account. To pay the charges for Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Pike Systems, Inc. account management website. Additionally, you agree to permit Pike Systems, Inc. to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.

  • 3.3
    Billing. By providing Pike Systems, Inc. with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Pike Systems, Inc. to charge you for the Services or available content using your payment method; and (iii) authorize Pike Systems, Inc. to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.

  • 3.4
    Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Pike Systems, Inc. by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Pike Systems, Inc. You must cancel your Services before the next billing date to avoid being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Pike Systems, Inc. to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Pike Systems, Inc. or its service providers reserve the right to collect any applicable return item, rejection, or insufficient funds fee and process any such payment as an Electronic Payment. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Pike Systems, Inc. by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Pike Systems, Inc. You must cancel your Services before the next billing date to avoid being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Pike Systems, Inc. to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Pike Systems, Inc. or its service providers reserve the right to collect any applicable return item, rejection, or insufficient funds fee and process any such payment as an Electronic Payment.

  • 3.5
    Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Pike Systems, Inc. has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

  • 3.6
    Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the Pike Systems, Inc. account management website. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.

  • 3.7
    Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer to avoid being charged to continue the Service(s) at the end of the trial period.

  • 3.8
    Promotional Offers. From time to time, Pike Systems, Inc. may offer Services for a trial period during which Pike Systems, Inc. will not charge you for the Services. Pike Systems, Inc. reserves the right to charge you for such Services (at the normal rate) if Pike Systems, Inc. determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.

  • 3.9
    Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.

  • 3.10
    Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.

  • 3.11
    Bank Account Payment Method. You may register an eligible bank account with your Pike Systems, Inc. account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house ("ACH") entries. Terms you agreed to when adding your bank account as a payment method in your Pike Systems, Inc. account also apply. You represent and warrant that your registered bank account is either held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize Pike Systems, Inc. (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Pike Systems, Inc. account. Contact customer support as soon as possible if you believe you have been charged in error. Laws applicable to you may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand, and agree to these Terms.

4. YOUR INFORMATION
You can view Pike Systems' Privacy Policy Statement provided with the Services and on the website for the Services. You agree to the applicable Pike Systems, Inc. Privacy Policy Statement, and any changes published by Pike Systems. You agree that Pike Systems, Inc. may use and maintain your data according to the Pike Systems, Inc. Privacy Policy Statement, as part of the Services. You give Pike Systems, Inc. permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Pike Systems, Inc. services. For example, this means that Pike Systems, Inc. may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.

5. CONTENT

  • 5.1
    You are responsible for your content. You are responsible for all materials, data and information ("Content") uploaded, posted, or stored through your use of the Services. You grant Pike Systems, Inc. a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services (exclusive of training modules and surveys explicitly identified as "Confidential").

    i. Archive your Content frequently. You are responsible for any lost or unrecoverable Content or date, and Pike Systems, Inc. shall be in no way responsible for any such loss. Pike Systems, Inc.is not responsible for the Content or data you submit through the Services.

    ii. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, or engage in or transmit any of the following, including but not limited to: Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal, or foreign law; content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy; except as permitted by Pike Systems, Inc. in writing, investment opportunities, solicitations, chain letters, other unsolicited commercial communication or engage in spamming or flooding; Virus, trojan horse, worm, or other disruptive or harmful software or data; and Any information, software, or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

  • 5.2 
    Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public ("Community Forum"). Pike Systems, Inc. does not support and is not responsible for the content in these Community forums. Any disparaging comments about Pike Systems, Inc. or Quick FPA are prohibited.

  • 5.3
    Pike Systems, Inc. may freely use feedback you provide. You agree that Pike Systems, Inc. may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Pike Systems, Inc. a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to Pike Systems, Inc.in any way.

  • 5.4 
    Pike Systems, Inc. may monitor your Content. Pike Systems, Inc. may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Pike Systems, Inc. or its customers, or operate the Services properly. Pike Systems, in its sole discretion, may refuse to post or remove any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate or in violation of this Agreement.

6. ADDITIONAL TERMS

  • 6.1
    We may tell you about other Pike Systems, Inc. Services. You may be offered other services, products, or promotions by Pike Systems, Inc. ("Pike Systems, Inc. Services"). Additional terms and conditions and fees may apply. With some Pike Systems, Inc. Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Pike Systems, Inc. permission to use information about your business and experience to help us to provide the Pike Systems, Inc. Services to you and to enhance the Services. You grant Pike Systems, Inc. permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Pike Systems, Inc. permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

  • 6.2
    Communications. Pike Systems, Inc. may be required by law to send you communications about the Services or third-party products. You agree that Pike Systems, Inc. may send these communications to you via email or by posting them on our website(s).

  • 6.3
    You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Pike Systems, Inc. if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications or general updates to improve the Services. You agree to receive these updates.

7. DISCLAIMER OF WARRANTIES

  • 7.1
    YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIKE SYSTEMS, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. PIKE SYSTEMS, INC.AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

  • 7.2
    PIKE SYSTEMS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

  • 7.3
    LIMITATION OF LIABILITY AND INDEMNITY AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF PIKE SYSTEMS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, PIKE SYSTEMS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET PIKE SYSTEMS, INC.REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF PIKE SYSTEMS, INC.AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF PIKE SYSTEMS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Pike Systems, Inc. and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Pike Systems, Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Pike Systems, Inc.in the defense of any Claims.

8. UPDATES TO THE SERVICES OR SOFTWARE, AND CHANGES TO THESE TERMS.

  • 8.1
    We may change these Terms at any time, and we'll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don't agree to the new terms, you must stop using the Services and close your Pike Systems, Inc. account.

  • 8.2
    Sometimes you'll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Pike Systems, Inc. isn't obligated to make any updates available, and we don't guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.

  • 8.3
    Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

9. TERMINATION
This agreement shall, unless otherwise specified, be terminated after the Thirty day evaluation period, or in the case of a breach of the terms herein by Customer, shall commence on the Effective Date and shall continue for the Initial Subscription Term, and thereafter, this agreement shall be automatically renewed for successive periods of 12 months (each a Renewal Period), unless: a) either party notifies the other party of termination, in writing, at least 60 days before the end of the Initial Subscription Term or any Renewal Period, in which case this agreement shall terminate upon the expiration of the applicable Initial Subscription, or one year after the commencement of the term; or b) otherwise terminated in accordance with the provisions of this agreement; The Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.

Pike Systems, Inc. may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications.

Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Pike Systems' rights to any payments due to it. Pike Systems, Inc. may terminate a free account at any time. Sections 2 through 17 will survive and remain in effect even if the Agreement is terminated.

10. EXPORT RESTRICTIONS
Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users and end use.

Reservation of Rights and Feedback. Except as expressly provided under these Terms, Pike Systems, Inc. does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Pike Systems, Inc. or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Pike Systems, Inc. any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to Pike Systems, Inc., without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Pike Systems, Inc. to license its software, technologies or documentation to any third party because Pike Systems, Inc. includes your Feedback in them.

11. GOVERNING LAW
Illinois state law governs this Agreement without regard to its conflicts of law's provisions.

12. DISPUTE RESOLUTION

  • 12.1
    Generally: In the interest of resolving disputes between you and Pike Systems, Inc., you hereby agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration with the American Arbitration Association ("AAA"). Your consent to arbitrate any dispute with Pike Systems, Inc. includes but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. You understand and agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in any class-action lawsuit against Pike Systems, Inc.

    Arbitration: Any arbitration between you and Pike Systems, Inc. will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Pike Systems, Inc.

    Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Pike Systems, Inc.'s address for Notice is: Pike Systems, Inc., 1770 Commerce Drive, Montgomery, Illinois, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but, If we do not reach an agreement to do so within 30 days after the Notice is received, you or Pike Systems, Inc. may commence an arbitration proceeding.

    Jurisdiction and Venue: Any arbitration hearings will take place at a location to be agreed upon in Montgomery, Illinois. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

    Choice of Law: These Terms and the corresponding Privacy Policy shall be governed by the internal laws of the State of Illinois, without reference to Illinois' principles of conflicts of law. 

  • 12.2
    Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or Kane County, Illinois, U.S.A. if you meet the court's requirements

13. CLOSING YOUR ACCOUNT.

  • 13.1
    You can cancel specific Services or close your Pike Systems, Inc. account at any time and for any reason. When you ask us to close your Pike Systems, Inc. account, we will put it in a suspended state for 60 days just in case you change your mind.

  • 13.2
    If your Pike Systems, Inc. account is closed (whether by you or us), a few things happen. First, your right to use the Pike Systems, Inc. account to access the Services stops immediately. Second, we'll delete Data or Your Content associated with your Pike Systems, Inc. account or will otherwise disassociate it from you and your Pike Systems, Inc. account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as Pike Systems, Inc. won't be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you've acquired. Fourth, we may temporarily prevent creation of an account associated with the email address you provided.

14. SERVICE AVAILABILITY.

  1. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Pike Systems, Inc. account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.

  2. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Pike Systems, Inc. is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you've stored.
15. GENERAL
This Agreement is the entire agreement between you and Pike Systems, Inc. and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Pike Systems. However, Pike Systems, Inc. may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Pike Systems, Inc. or (c) a successor by merger. Any assignment by you in violation of this Section shall be void.

16. CONFIDENTIALITY AND NON-DISPARAGEMENT
During the Term and thereafter, Pike Systems, Inc. and Customer may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party or use the other's Confidential Information for any purpose other than the implementation of this agreement. Each party agrees to take no action, written, oral or otherwise which is intended, or would reasonably be expected, to harm or disparage Pike Systems, Inc. or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to Pike Systems. Pike Systems, Inc. shall be entitled to an injunction to prevent or remove any such disparaging actions, in addition to any other damages and fees at the cost of the offending party.

17. FORCE MAJEURE
Neither party will be liable to the other party for its inability or failure to perform, or delay in performing, any obligations under this Agreement caused by a Force Majeure Event. The party affected by the Force Majeure Event will notify the other party once its performance of its obligations under this Agreement is no longer prevented due to the Force Majeure Event.