Terms of Service TERMS OF SERVICE - USER AGREEMENT Last Updated on August 17, 2024. These updated Terms of Service are effective immediately for those with pre-existing accounts and those registering accounts after August 17, 2024. 1. ACCEPTANCE OF TERMS THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND Ninepike (“Ninepike”). The Terms and the Ninepike Privacy Policy (the “Privacy Policy”) govern your use of the Ninepike website (www.ninepike.com) (the “Site”). By using the Site and/or Mobile App, you explicitly agree to be bound by the provisions of the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review the Terms carefully and completely before you continue to use the Site. If you do not agree with any of the Terms’ provisions, please discontinue using the Site. 2. PRIVACY POLICY THE TERMS AND CONDITIONS OF THE PRIVACY POLICY ALSO GOVERN YOUR USE OF THE SITE AND ARE PART OF THE LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NINEPIKE. Ninepike is fully committed to safeguarding your privacy online. Please carefully and completely review our privacy policy to understand our practices. By using the Site, you explicitly agree to be bound by the provisions of the Privacy Policy. If you do not agree with any of the Privacy Policy’s provisions, please discontinue using the Site. 3. CHANGES TO THE TERMS AND PRIVACY POLICY Ninepike expressly reserves the right to make changes to both the Terms and the Privacy Policy at any time and for any reason that it, in its sole discretion, deems appropriate. Changes to the Terms and the Privacy Policy shall take immediate effect and will apply to all pre-existing accounts and those accounts registering after the date of the changes without limitation. Users who have successfully registered with Ninepike shall receive email notification of any substantive changes to the Terms or Privacy Policy within ten days of their taking effect. Despite these efforts to notify you of substantive changes, all users should check this page periodically to stay abreast of any changes to the Terms. 4. NINEPIKE IS A GUIDE ONLY The purpose of Ninepike, the Site, is to provide a guide to allergy-friendly restaurants and businesses. Ninepike does not guarantee that any of the information provided on the Site is accurate or complete. The Site provides a guide only that is in no way meant to be a replacement for contacting a particular restaurant or business to inquire about the ingredients, policies, and procedures it uses with respect to your unique allergy needs and other issues including intolerance. Further, Ninepike does not guarantee nor does it confirm that the restaurants and businesses associated with the Site use adequate processes or other safeguards to prevent cross-contamination of allergens or other food products. Ninepike also does not guarantee nor does it confirm the safety of food items for certain allergies. 5. NINEPIKE DOES NOT OFFER MEDICAL ADVICE Ninepike.com does not offer medical advice. Information provided on this Site is provided to you for informational purposes ONLY. None of the information provided is intended to diagnose, treat, cure, or prevent any disease. It is not meant to be a substitute for the professional and personal advice provided by your own physician or dietitian. Always consult your doctor or other qualified health care professional if you have any questions about a medical condition, or before taking any drugs or nutritional supplements, changing your diet or commencing or discontinuing any course of treatment. Never disregard professional medical advice or delay seeking medical attention because of something you read on the Site. Always verify the safety of any food products with respect to your unique allergy(ies) or intolerance(s) by contacting the particular restaurant and/or manufacturer to make sure that the foods are safe for your consumption. It is and remains your responsibility to evaluate the accuracy, completeness, and usefulness of the information provided on the Site. Statements and opinions expressed on the Site should be viewed and used cautiously, and should be considered as an opinion of the individuals who expressed them, and not the view, ideas, opinions, or advice of Ninepike. Information and statements provided on the Site have not been evaluated by the Food and Drug Administration. 6. REGISTRATION In order to use certain portions of the Site, you must complete a registration process. As a registered user of the Site, you explicitly agree to: Provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the “Registration Data”), and Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You and you alone are responsible for maintaining the confidentiality of your password and your user name, and you are fully responsible for all activities that occur under your password or user name. You also agree to: Immediately notify Ninepike of any unauthorized use of your password or user name or any other breach of security and DEFEND, INDEMNIFY, and HOLD HARMLESS Ninepike from any loss or damage arising from unauthorized use of your password or user name. 7. USE OF YOUR INFORMATION By using the Site, you consent to the terms and conditions of our Privacy Policy regarding the collection and use of your data, including, without limitation, Registration Data, by Ninepike and the processing of such data by Ninepike in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, your data, and you acknowledge that such process may involve: Transmission of such data over various networks; and Modifying such data to conform and adapt to technical requirements of connecting networks or devices. 8. EMAIL POLICY By registering for the Site, you consent to initially receiving periodic emails from Ninepike. If you would like to unsubscribe from automatically receiving emails from Ninepike, please follow the directions to SafeUnsubscribe at the bottom of any of the emails you receive from Ninepike. You will never receive email from any third party affiliated with Ninepike, such as a restaurant, unless you have affirmatively opted to receive such email. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent. 9. LINKING POLICY We may link to, or promote, websites or services from other companies, including restaurants. You agree that we are not responsible for examining or evaluating the content of their websites, and we do not warrant, in any express or implied way, the offering of any of those businesses or individuals, and do not control, those web sites or services. Furthermore, Ninepike is not liable for any loss, damage, liability or expense that may accompany or result from linking, any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or any damages including but not limited to, any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions arising from any of the foregoing. Once you leave Ninepike’s website services and link to an external site and/or other mobile application or other service, the Ninepike linking and other policies no longer apply and you will be subject to the new site’s policies. You should carefully review their privacy statements and other conditions of use. Ninepike is not responsible for any personal injury, loss, claim or damage arising from an allergic reaction or other medical ailment that results from information received and relied on from any site. 10. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER Ninepike owns the content of the Site. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations (“Content”) is owned or licensed by Ninepike. Advertisements for third-party entities are not considered Content for the purposes of this section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms. Pursuant to the copyright and trademark laws of the United States, you agree to all of the following: That you may only download Content that Ninepike designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use; To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Ninepike, unless such use is pursuant to the section with the heading Educational Use of Content, below, of this agreement; To maintain any and all trademark, copyright, or other proprietary notices embedded in or attached to any Content; To refrain from framing or mirroring any portion of the Site, and to link to the Site only in accordance with our linking policy in accordance with the Terms; and That by posting or submitting any text or other materials to the Site you grant Ninepike a royalty-free, transferable, permanent license for the worldwide use and/or sublicense of such materials on the Site and permission for users of the Site to download the material for personal noncommercial use. 11. NOTIFICATION OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Ninepike designated agent the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; 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; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you own the copyright or are authorized to act on the copyright owner’s behalf. Please send Ninepike notice of claims of copyright infringement on the Site to the following email address: e-mail: administration@ninepike.com THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE. 12. DISCLAIMER OF WARRANTIES THE SITE AND ALL INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES PROVIDED AND THE CONTENT, ARE PROVIDED TO USER ON AN ‘AS IS’ BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. NINEPIKE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED, THE SITE, THE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. Therefore, you agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content. You acknowledge that due to the immediate nature of this medium, Ninepike does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. Ninepike will review user postings from time to time and at intervals that it, in its sole discretion, deems appropriate and will take steps to remove inappropriate postings that come to its attention. 13. LIMITATION OF LIABILITY USE OF THIS SITE AND ANY EXTERNAL CONTENT IS SOLELY AT YOUR OWN RISK. NINEPIKE MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR YOUR USE OF ANY THIRD PARTY SERVICES, GOODS OR CONTENT. IN NO EVENT SHALL NINEPIKE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES PROVIDED, THE SITE OR THE CONTENT OR (II) THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT OR BUSINESS IN CONNECTION WITH THE SERVICES PROVIDED. NINEPIKE IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED RESTAURANT OR BUSINESS THAT IS LINKED TO OR OTHERWISE PROMOTED IN CONNECTION WITH THE SITE. ASIDE FROM THE SERVICES PROVIDED ON THE SITE, NINEPIKE IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED RESTAURANT OR BUSINESS. 14. NINEPIKE DOES NOT GUARANTEE THE ACCURACY OF INFORMATION ON SITE Ninepike is a service that acts as a middleman between YOU and the restaurant. Ninepike does its best to ensure accurate collection of information from restaurants and accurate portrayal of information to YOU. But it remains your responsibility to ensure the accuracy of such information by speaking directly with the restaurant before consuming any food. Food allergies are serious and can be life-threatening, it is your responsibility to protect your health. Ninepike is not meant to be a substitute for talking to restaurants, rather a GUIDE to help you find restaurants. YOU ARE RESPONSIBLE FOR VERIFYING THE CORRECTNESS OF INFORMATION DISPLAYED ON SITE. NINEPIKE IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE INFORMATION ON THE SITE. 15. INDEMNIFICATION YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Ninepike; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. Ninepike reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Ninepike in asserting any available defenses. 16. SEVERABILITY If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. 17. NO ASSIGNMENT This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by you, the user, but may be so transferred, assigned or delegated by Ninepike 18. WAIVER Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. 19. JURISDICTION This Agreement is made under and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any choice of law provisions. Both Ninepike and you (the “Parties”) hereby consent to the jurisdiction of the state and federal courts located in Suffolk County, Massachusetts.