These Terms of Use (these “Terms”) apply to all websites that are owned or operated by or for Tri-Life Pest LLC as well as any mobile application we own or operate (our “Apps”). By using any Website or App, you agree to these Terms. If you do not agree to these Terms, please do not use a Website or App.
We encourage you to read these Terms carefully, please check our Privacy Policy page. In the event there is a conflict between the Terms and our Privacy Policy, our Privacy Policy will govern.
We may modify these Terms from time to time any time. We will update the date of these Terms when we make any changes. We suggest visiting this page often to review these Terms.
Our Services and Use of Websites and Apps
The Websites and Apps provide you with information about our companies, products and services, and common household pests, other home improvement services and other industry or background information. All such information referred to is to be labled as “Content.” We do not guarantee that the Content is always 100% accurate. More detailed and accurate information will be provided by our technicians or other employees.
Any order or service request you place with us through a Website or App must be accompanied by a customer agreement that is signed by you. Once you sign a customer agreement, that agreement will contain the only terms, conditions and rights you have in relation to any order or service request.
If you create an account or profile on a Website or App, you agree to provide us with accurate and complete information and to update your account or profile if this information becomes inaccurate or incomplete. You agree to keep your password confidential and you may not permit any other person to use your password or your account at any time and for any purpose. You agree to notify us immediately if you believe your password may have been used by any other person. We recommend you change your password often. You agree that we may suspend or terminate your use of a Website or App at any time and for any reason, including if we believe that your password is being used without permission or otherwise in a manner that may disrupt a Website or App.
IF YOU PROVIDE YOUR TELEPHONE NUMBER TO US THROUGH A WEBSITE OR APP, YOU GIVE YOUR ELECTRONIC SIGNATURE AND CONSENT FOR US TO SEND YOU MARKETING CALLS OR TEXT MESSAGES AT THAT NUMBER USING AN AUTODIALER AND/OR PRERECORDED MESSAGES. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO RECEIVE THESE MARKETING COMMUNICATIONS IS NOT REQUIRED TO PURCHASE ANY GOODS OR SERVICES.
If you install an App, you may also receive push notifications to your mobile device. You may adjust your notification settings on your mobile device to permit or disallow these notifications.
Our Content
As between you and Tri-Life, we own all Content listed on our websites and apps. Any other text used, graphics, user interfaces, all content, trademarks, sounds, artwork, created images, logos, and any other intellectual property appearing within our Websites or Apps are owned by Tri-Life, controlled or licensed by Tri-Life, and protected by copyright, trademark, and all other intellectual property law rights. All rights, title, and interest in and to our Content remains with Tri-Life at all times. Except as expressly authorized by Tri-Life, you agree not to sell, license, rent, change or modify, distribute, copy, reproduce in any way, transmit, publicly display, publicly perform, publish, adapt, edit, or recreate derivative works from any Website, App, Content or services. You agree that you may not use any systematic retrieval of information from any Website or App.
User Content and Behavior
You may be able to upload a relative photo, send us messages, post a review about our services or post or upload or post other materials on a Website or App (collectively a “post”). The term “User Content” in these Terms means material of any kind that you post, including text, files, images, photos, video, sounds and musical or literary works. We are not responsible for any User Content. We do not endorse any opinion contained in, or confirm the legality or accuracy, of any User Content.
We have the right to, and may
While using our Websites or Apps, you agree and acknowledge that:
User Content is not considered to be confidential. You grant us an irrevocable, fully paid, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit, and create derivative works of, any User Content you post.
Ads and Third Party Content
Our Websites and Apps may contain advertisements and promotions offered by third parties and links to other websites or resources. We may also provide non-commercial links or references to third parties. We are not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, we are not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available on a Website or App, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.
Disclaimers & Limitation of Liability
THE WEBSITES AND APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF ANY WEBSITE OR APP.
Indemnity
You agree to defend, indemnify, and hold us and our employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees and costs) that arise out of or are related to your violation of these Terms, your User Content, or use of a Website or App.
Dispute Resolution and Arbitration
Except as noted in this paragraph, you agree that any controversy, claim or dispute arising out of or related to these Terms, a Website or App shall be solely and exclusively resolved according to binding arbitration as set forth in this section. Not withstanding the foregoing, the following actions will not be subject to arbitration:
You and Tri-Life agree that prior to instituting an arbitration action, we will try in good faith to settle any controversy or claim by at least four hours of mediation administered under the American Arbitration Association (“AAA”) Commercial Arbitration Rules with us agreeing to pay the costs of the mediation.
Unless you and Tri-Life agree otherwise, the arbitration will be conducted by a single arbitrator and shall be administered and conducted by the AAA under is Consumer Arbitration Rules, if applicable, otherwise under its Commercial Arbitration Rules. These rules are found at www.adr.com. The arbitrator must follow the applicable substantive law and these Terms, and must apply the same statutes of limitation and privileges that a court would apply. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court and injunctive, equitable, and declaratory relief. The arbitrator will have authority to award fees and costs of attorneys, witnesses, and experts to the extent permitted by the Terms, the arbitration administrator’s rules, or applicable law. Any arbitration hearing that you attend will take place at a location reasonably convenient to your residence.
IF A CLAIM IS ARBITRATED, YOU AND WE WAIVE ANY RIGHT TO A COURT OR JURY TRIAL. YOU AND WE ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS. NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY ARBITRATION IN VIOLATION OF THIS PROVISION OR TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN TO YOU AND/OR US INDIVIDUALLY.
Tri-Life and you agree to pay arbitration costs in accordance with the applicable arbitration rules. Either you or Tri-Life may request at any time prior to the hearing that the award be accompanied by a reasoned opinion. The award rendered by the arbitrator(s) will be final and binding on all parties. Judgment may be entered on the award in any court having jurisdiction thereof. This arbitration provision will be governed by the Federal Arbitration Act.
This arbitration provision will survive the expiration or termination of the Terms. In the event of a conflict or inconsistency between this arbitration provision, on the one hand, and the applicable arbitration rules or other provisions of the Terms, on the other hand, this arbitration provision will govern. If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of this arbitration provision.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Kansas without regard to conflicts of laws principles. We only provide services within the United States and our Websites and Apps are intended for use only by citizens of the United States of America, who are at least 18 years old and who reside within the United States of America. By using a Website or App, you represent that you meet these user qualification requirements. Any matters submitted to a court for resolution shall be submitted to the state or federal courts of Johnson County, Kansas and all parties agree to the personal jurisdiction thereof.
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