Terms of Use Agreement

This Terms of Use agreement sets forth the agreement between Pest Patrol of SW Florida LLC, (“Pest Patrol” or “we”) and each user (“you” or “user”) governing the use by you of this site. Please read this agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use agreement. If you do not agree to the terms and conditions contained in this Terms of Use agreement, you may not access or otherwise use this site.

Copyright and Trademarks

All Pest Patrol web site design, text, graphics, sound, software and other content contained herein, and the selection and arrangement thereof, are the property of Pest Patrol or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Pest Patrol or using this Web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Pest Patrol, is strictly prohibited.

Pest Patrol, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Pest Patrol or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.

No Warranty; Disclaimer

Pest Patrol is providing this site and its contents on an “as is” basis. Pest Patrol and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a “Linked Site”) and the uninterrupted and error-free use of this site. Pest Patrol and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement.

Limitation of Liability

Pest Patrol and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Pest Patrol and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.

Notwithstanding the foregoing, the sole and entire maximum liability of Pest Patrol and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Pest Patrol on this site.

You agree to indemnify, defend and hold harmless Pest Patrol and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.  You agree that, if the registration or reservation of your corporate name is challenged, or if a dispute arises with any third party, you will indemnify and hold us harmless. You agree that, if your agent or employee purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided.

Applicable Law; Jurisdiction

By using this site, you submit to the exclusive jurisdiction of the State of Florida and federal courts having jurisdiction in the County of Sarasota in the State of Florida, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Severability; Interpretation

If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

Entire Agreement; Amendments

This agreement constitutes the entire and only agreement between Pest Patrol and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. Pest Patrol may, in its sole discretion, amend this Terms of Use agreement from time to time.

Miscellaneous

The failure of Pest Patrol or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “No Warranty; Disclaimer” and “Limitation of Liability” provisions of this agreement are for the benefit of Pest Patrol and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.