Terms and Conditions

Introduction to Our Website

We appreciate your visit to the PestFree™ website, located at www.PestFree.co (the “Site”). This Site is a digital property of RB Brands LLC, also referred to in this document as “PestFree™,” “we,” “our,” or “us.”


These PestFree™ Website Terms and Conditions (“Terms and Conditions”) are inclusive of, and are supplemented by, the PestFree™ Website Privacy Policy (“Privacy Policy”) and any additional operating rules, policies, pricing schedules, and supplemental terms and conditions or documents that may be published from time-to-time (collectively, the “Agreement”).


Agreement Acceptance

Each user that accesses the Site (each, a “Visitor,”) accepts and agrees to adhere to the Agreement, in its entirety when she/he:

(a) access the Site;

(b) accesses and/or views any of the: (i) links (“Third-Party Links”) to resources and/or information pertaining to various home-repair related products and/or services, as well as related products and/or services (collectively, “Third Party Offerings”) as offered by independent third-party home repair business entities and professionals (collectively, “Third Party Service Providers”); and/or (ii) text, video and/or other information pertaining to the Third Party Offerings, as well as related products and/or services, as made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); and/or

(c) utilizes the various telephone numbers, contact forms and/or other contact information made available on the Site as a means to contact directly, or request to be contacted by, PestFree™ and/or the Third Party Service Providers associated with the Third Party Offerings requested by you (the “Referral Service,” and collectively with the Site and Content, the “PestFree™ Offerings”).


Agreement Overview for PestFree™ Offerings


Careful Review Required

It’s essential that you review this Agreement carefully. If you do not agree with any part of the Agreement, please be aware that you are not permitted to use the PestFree™ Offerings in any form or manner.


Legal Notices and Provisions

Please be advised: This Agreement includes significant legal notices, encompassing disclaimers of warranties, limitations on liability, releases, a waiver against class-action lawsuits, and a mandatory arbitration requirement for any disputes that might arise with PestFree™, as well as with its parent company, subsidiaries, affiliates, related entities, network collaborators, marketing partners and Third Party Service Providers (collectively, the “Covered Parties”).

These Covered Parties are specifically designated as beneficiaries of the mandatory arbitration clause mentioned herein. These clauses are a fundamental part of this Agreement.

Attention New Jersey Residents

Residents of New Jersey are specifically encouraged to examine their rights under this Agreement, as stipulated by the New Jersey Truth-in-Consumer Contract Warranty and Notice Act (“TCCWNA”).

Liability and Usage Terms

Please be advised that PestFree™ does not directly provide the Third Party Offerings or any other home-repair related products and/or services. The specific terms and conditions of any Third Party Offerings are set by the applicable Third Party Service Providers. Reliance on any information made available to you by and through the PestFree™ Offerings, including the Content, is solely at your own risk. PestFree™ disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the PestFree™ Offerings.

You acknowledge and agree that PestFree™ will bear no liability to you, other Visitors, Third Party Service Providers, or any other individuals utilizing the PestFree™ Offerings (jointly referred to as “Site Users”), or any third parties, for any claims related to any Site User’s use of, or inability to use, the PestFree™ Offerings.

PestFree™ explicitly disclaims responsibility for any losses, damages, or injuries that arise from the Site, Content, Third Party Offerings, Referral Service or any other products, services, and/or information obtained directly or indirectly through the PestFree™ Offerings. Furthermore, you acknowledge and agree that PestFree™ shall have no liability in connection with any disputes that may arise between you and any Third Party Service Provider.

Agreement Scope and Modifications


Complete Agreement Understanding

This Agreement forms the entire and exclusive understanding between you and PestFree™ regarding the use of the PestFree™ Offerings. It replaces all previous agreements, representations, warranties, and understandings about the Site and other PestFree™ Offerings.


We reserve the right to alter the Agreement at our discretion without direct notice to you. However, any changes to the arbitration provisions, class-action prohibitions, or other dispute resolution clauses (“Dispute Resolution Provisions”) will not apply to disputes that arose before such amendments. The most recent version of the Agreement will be available on the Site, and you should review it before using the PestFree™ Offerings.


By continuing to use the PestFree™ Offerings, you agree to adhere to the terms of the updated Agreement, except for disputes and charges that occurred before the amendment of the Dispute Resolution Provisions, which will be governed by the provisions in effect at that time.


Future enhancements or additions to the PestFree™ Offerings made available on the Site will also fall under this Agreement. If PestFree™ terminates this Agreement for any reason, we will not have any liability or obligation to you. Your only recourse in case of any dispute withPestFree™ is to cease using the PestFree™ Offerings. This Agreement governs your use of the PestFree™ Offerings exclusively.


Non-Endorsement Policy

PestFree™ does not endorse or promote any Third Party Service Providers accessible through the Referral Service. The Site merely facilitates interaction between Third Party Service Providers, Visitors, and potential users of Third Party Offerings. Third Party Service Providers pay to be included in the Referral Service.


PestFree™ does not review the standing of any Third Party Service Providers with any governmental entity or trade association, nor does PestFree™ review the licensure status of any Third Party Service Providers. Therefore, PestFree™ makes no representation regarding the status, standing or ability of any Third Party Service Provider. When considering retaining a Third Party Service Provider, Visitors should ask for free background information from that Third Party Service Provider and check that Third Party Service Provider’s standing with the applicable state agency and/or trade association.


PestFree™ is not involved in agreements made between Visitors and Third Party Service Providers, or in the actual delivery of Third Party Offerings associated with the resultant relationships. Hence, we do not guarantee the suitability, quality, legality, competence, reliability, honesty, or behavior of either Visitors or Third Party Service Providers. Visitors are solely responsible for evaluating the quality and trustworthiness of all Third Party Service Providers that they contact through the Referral Service.


Eligibility Criteria

The PestFree™ Offerings are available only to individuals who: (a) are eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) or older; and (b) can enter into legally binding contracts under applicable law. If a Site User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction of residence) and/or if that Site User is unable to enter into legally binding contracts under applicable law, that Site User does not have permission to use and/or access the PestFree™ Offerings. PestFree™ may terminate a Site User’s access to the PestFree™ Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where PestFree™ believes that such Site User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the PestFree™ Offerings.


Understanding the Referral Service

Please note that PestFree™ does not directly provide the Third Party Offerings and/or any other underlying home repair-related products and services. The specific terms and conditions of any Third Party Offerings are established by the applicable Third Party Service Providers.


PestFree™ has no influence over: (a) the quality, safety, or legality of Third Party Offerings; (b) the accuracy or truthfulness of statements made by Third Party Service Providers; or (c) the capability of Third Party Service Providers to deliver Third Party Offerings. We are not responsible for ensuring the completion of transactions by Third Party Service Providers.


Content Interaction and Accuracy

Site Users who have the necessary technology are permitted, under the terms and conditions of the Agreement, to view, download, and interact with some or all of the Content provided through the Site and other PestFree™ Offerings.


PestFree™ does not guarantee the accuracy, completeness, timeliness, or appropriateness of the Content. You acknowledge that PestFree™ is not obligated to and will not be liable for any issues related to the Content.


License to and Usage of the Offerings

As a Site User, you are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the PestFree™ Offerings and related content strictly as authorized by the Agreement. This license can be terminated by PestFree™ at any time and for any reason.


Unless explicitly authorized by PestFree™, you are limited to using the PestFree™ Offerings on a single computer for personal, non-commercial purposes. You may not reproduce any part of the PestFree™ Offerings in any form or integrate them into any electronic or mechanical information retrieval system.


Prohibited actions include using, copying, emulating, cloning, renting, leasing, selling, modifying, decompiling, disassembling, reverse engineering, or transferring any portion of the PestFree™ Offerings.


All rights not expressly granted in the Agreement are reserved by PestFree™. You are prohibited from using any device or software that interferes with the PestFree™ Offerings’ functionality and from undertaking actions that place an unreasonably large load on the PestFree™ infrastructure. Your rights to use the PestFree™ Offerings are non-transferable.


Protection of Content and PestFree™ Offerings

The content, structure, graphics, design, compilation, and other aspects of the PestFree™ Offerings, including software and services, are protected under relevant copyright, trademark, and other proprietary rights, including intellectual property rights.


Unauthorized copying, redistribution, publication, or sale of any part of the PestFree™ Offerings is strictly prohibited. Systematic retrieval of material from the Site through automated means, scraping, or data extraction to create or compile a collection, compilation, database, or directory without PestFree's™ written permission is also prohibited. Ownership rights in and to the content, documents, software, services, or other materials seen on the Site or accessed through the PestFree™ Offerings are not transferred to you.


Posting information or materials on the Site by PestFree™ does not waive any rights in or to such information or materials. The name and logo of “PestFree™,” along with all related graphics, icons, and service names, are trademarks of RB Brands LLC. All other trademarks belong to their respective owners. Unauthorized use of any trademark without express written consent of the owner is strictly prohibited.


Rights to Modify Content

We reserve the exclusive right to edit or delete any documents, information, or other content appearing on the Site, or otherwise by and through the PestFree™ Offerings, in our sole discretion.


Legal Compliance

Any individual attempts to damage, destroy, tamper with, vandalize, or otherwise interfere with the operation of the PestFree™ Offerings constitutes a violation of criminal and civil laws. PestFree™ will assertively pursue all available remedies against any such individual or entity to the fullest extent allowed by law.


Indemnification

You commit to indemnifying and holding harmless PestFree™, along with its parent companies, subsidiaries, affiliates, and their respective members, officers, directors, employees, agents, co-branders, and partners from and against any and all claims, expenses (including attorney fees), damages, suits, costs, demands, or judgments arising from or related to:

(a) your unauthorized use of, or access to, the PestFree™ Offerings;

(b) any breach of the Agreement by you;

(c) any disputes involving you and any Third Party Service Provider, Site User or other third party; and

(d) any infringement upon the rights of other individuals or entities.


This section extends its benefits to PestFree™ its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.


Disclaimer of Warranties

THE PESTFREE™ OFFERINGS, ALONG WITH ANY OTHER PRODUCTS OR SERVICES AVAILABLE THROUGH THEM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.


PESTFREE™ DOES NOT WARRANT THAT:

(A) THE PESTFREE™ OFFERINGS WILL MEET YOUR NEEDS;

(B) THE PESTFREE™ OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(C) YOU WILL BE ELIGIBLE FOR, OR SUCCESSFULLY OBTAIN, THIRD PARTY OFFERINGS; OR

(D) THE RESULTS OBTAINED FROM USING THE PESTFREE™ OFFERINGS WILL BE ACCURATE OR RELIABLE.


THE PESTFREE™ OFFERINGS MAY CONTAIN BUGS, ERRORS, OR LIMITATIONS. PESTFREE™ IS NOT LIABLE FOR THE AVAILABILITY OF THE INTERNET CONNECTION LINKED TO THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PESTFREE™ OR THROUGH THE PESTFREE™ OFFERINGS, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.


Limitation of Liability

PESTFREE™ IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF SUCH POSSIBILITIES, ARISING FROM:


(A) YOUR USE OF, OR INABILITY TO USE, THE PESTFREE™ OFFERINGS;

(B) THE COST OF PROCURING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTIONS ENTERED INTO BY AND/OR THROUGH THE PESTFREE™ OFFERINGS;

(C) YOUR INABILITY TO QUALIFY FOR THIRD PARTY OFFERINGS;

(D) THE UNAUTHORIZED ACCESS OR ALTERATION OF YOUR REGISTRATION DATA AND/OR ANY OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE OR OTHER PESTFREE™ OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND OTHER ACTIONS; AND/OR

(E) ANY OTHER ISSUES RELATED TO THE PESTFREE™ OFFERINGS.


THIS LIMITATION APPLIES TO ALL POTENTIAL CAUSES OF ACTION CUMULATIVELY INCLUDING, BUT NOT LIMITED TO, CONTRACT BREACH, WARRANTY BREACH, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.


YOU RELEASE PESTFREE™ FROM ANY AND ALL CLAIMS EXCEEDING THESE LIMITATIONS. IF THE LAW DOES NOT PERMIT SUCH LIMITATIONS, PESTFREE'S™ MAXIMUM LIABILITY TO YOU WILL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000.00).


THIS LIMITATION OF DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND PESTFREE™. THE PESTFREE™ OFFERINGS PROVIDED TO YOU INCORPORATE THESE LIMITATIONS. IN JURISDICTIONS LIKE NEW JERSEY, WHERE CERTAIN LIMITATIONS OF LIABILITY ARE NOT ALLOWED, PESTFREE'S™ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


Third-Party Website Disclaimer

The PestFree™ Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, Third Party Service Provider websites and/or Third-Party Links. PestFree™ is not responsible for the availability of external websites or resources linked to the Site. Additionally, PestFree™ does not endorse and is not liable for any terms and conditions, privacy policies, content, advertising, services, products, or materials on or available from such third-party sites or resources. PestFree™ is not accountable for any damages or losses incurred from the use of these external websites or resources.


Dispute Resolution Provisions

The Agreement is considered as being executed and performed in the State of New York, and it is governed and shall be interpreted following New York State laws, disregarding any conflict of law principles.


The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and either PestFree™ or any Covered Party concerning the PestFree™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) each party agrees to submit its dispute for resolution by arbitration before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that PestFree™ reserves the right to require that any and all User claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against PestFree™ that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).

If the Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or the applicable Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

Class Action Waiver

To the extent permitted by law, you agree not to initiate, join, or participate in any class action lawsuit against PestFree™ and/or any Covered Party regarding any claim, dispute, or controversy that you might have with them. You consent to seek injunctive relief to halt or remove your participation in any such lawsuit.

You also agree to bear the attorney’s fees and court costs incurred by PestFree™ and/or any Covered Party in seeking this relief. This clause, which prohibits class action lawsuits, does not waive your rights or remedies to pursue claims individually in binding arbitration, as stated above, and is considered a separate agreement.

You have the option to opt-out of these dispute resolution provisions by providing written notice within thirty (30) days of first accessing the Site.

Validity and Enforceability

If any part of the Agreement is held invalid or unenforceable, that part will be construed in line with applicable law, while the remaining portions will remain in full effect. In case of any conflict between the PestFree™ Offerings and the Agreement, the latter takes precedence.


Failure to enforce any part of the Agreement is not a waiver of that provision. The Agreement does not create an agency or partnership relationship. PestFree™ may assign its rights and obligations under the Agreement at any time without notice. However, you may not assign or delegate your obligations under the Agreement. Section headings are for reference only.


California Consumer Rights

Under Cal. Civ. Code Sec. 1789.3, California resident users may file complaints with the California Department of Consumer Affairs at 400 R Street, Ste. 1080, Sacramento, CA 95814; by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.


Contact Information

For any questions about the Agreement or for more information from PestFree™, please reach out to us via our contact form on the Site, or send us U.S. Mail to 301 S McDowell St., Suite 125-1570, Charlotte, NC 28204.


Last Updated 6/20/2024