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Terms and Conditions

Introduction to Our Website

We appreciate your visit to the Pestfree website, accessible at www.Pestfree.co (referred to as the “Site”). This Site is proudly presented to you by RB Brands LLC, also known in this document as “Pestfree,” “we,” “our,” or “us”.

 

This document outlines the Pestfree Website Terms and Conditions (“Terms and Conditions”), which include 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 occasionally (together forming the “Agreement”).

 

Agreement Acceptance

By using the Site, you, as a “Visitor,” accept and agree to adhere to the Agreement in its entirety. This acceptance applies when you:

(a) access the Site;

(b) use the Pestfree Site or any telephone number advertised on the Site for the “Referral Service,” which assists in obtaining information about businesses, professionals, venues, products, and/or services (known collectively as “Third Party Offerings”) provided by independent business entities and professionals (referred to as “Third Party Service Providers”) featured in the Referral Service;

(c) access content on the Site (hereafter referred to as “Content”, and collectively with the Site and Referral Service, the “Pestfree Offerings” or “Offerings”).

 

Agreement Overview for Pestfree Offerings

 

Careful Review Required

It’s essential that you meticulously review this Agreement. Should you find yourself in disagreement 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, and Third Party Service Providers (collectively referred to as “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

By engaging with 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 your use 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, or any other products, services, and information obtained directly or indirectly through the Pestfree Offerings. Furthermore, you acknowledge and agree that Pestfree holds no liability in 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.

 

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 with Pestfree 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 is not involved in agreements made between Visitors and Third Party Service Providers or in the actual delivery of Third Party Offerings in 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 they contact through the Referral Service.

 

Eligibility Criteria

The Pestfree Offerings are accessible solely to individuals who are legally capable of forming binding contracts under applicable laws. These offerings are not designed for individuals below the age of eighteen (18), or the age of majority in their respective jurisdictions if it’s higher than eighteen years.

 

If you are under eighteen years of age (or the age of majority if it’s greater in your jurisdiction), you are not permitted to use or access the Pestfree Offerings.

 

Understanding the Referral Service

Please note that Pestfree does not directly provide the underlying products and services. The specific terms and conditions of any Third Party Offerings are set by the respective Third Party Service Providers.

 

Pestfree has no influence over (i) the quality, safety, or legality of Third Party Offerings, (ii) the accuracy or truthfulness of statements made by Third Party Service Providers, or (iii) 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

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 and Usage of Offerings

As a user of the Site, you are provided with a non-exclusive, non-transferable, revocable, and limited license to access and use the Pestfree Offerings and related content in line with the Agreement. This license can be terminated by Pestfree at any time for any reason.

 

Unless explicitly authorized by Pestfree, you are limited to using the 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 Offerings’ functioning 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 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 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 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 at our 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.

 

Indemnity Clause

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 any claims, expenses (including attorney fees), damages, suits, costs, demands, or judgments arising from (a) your utilization of the Pestfree Offerings;

(b) any breach of the Agreement by you;

(c) disputes involving you and any Site User or third party; and

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

 

This section extends its benefits to Pestfree and its affiliated entities, granting them the right to enforce these terms directly against you.

 

Disclaimer of Warranties

THE PESTFREE OFFERINGS, ALONG WITH ANY OTHER PRODUCTS OR SERVICES AVAILABLE THROUGH THEM, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 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) ITS OFFERINGS WILL MEET YOUR NEEDS;

(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

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

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

 

THESE 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 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) THE USE OR INABILITY TO USE THE OFFERINGS;

(B) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY TRANSACTIONS THROUGH THE OFFERINGS;

(C) INABILITY TO QUALIFY FOR THIRD PARTY OFFERINGS;

(D) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR DATA; AND

(E) ANY OTHER ISSUES RELATED TO THE 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 CLAIMS EXCEEDING THESE LIMITATIONS. IF THE LAW DOES NOT PERMIT SUCH LIMITATIONS, PESTFREE’S MAXIMUM LIABILITY TO YOU WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00).

 

THIS LIMITATION OF DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND PESTFREE. THE 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

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 Delaware, and it is governed and interpreted following Delaware State laws, disregarding any conflict of law principles.

 

You agree to arbitrate all claims that might arise under this Agreement against Pestfree or any Covered Parties, who are explicitly recognized as third-party beneficiaries of this mandatory arbitration clause.

 

Without limiting the foregoing, in case of a dispute with Pestfree or any Covered Party concerning the Pestfree Offerings, the Agreement’s terms and conditions, or a breach of the Agreement, the parties agree to resolve the dispute through arbitration under the American Arbitration Association (AAA) in Delaware or your residential county, as per the current Commercial Arbitration Rules of the AAA. You must begin the dispute process by submitting an Initial Dispute Notice found here.

 

If we provide a Final Settlement Offer after receiving your Initial Dispute Notice and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute,, you are required to submit your dispute to the AAA for arbitration, by filing a separate Demand for Arbitration available at the AAA website. For claims not exceeding Ten Thousand Dollars ($10,000.00), you have the option to choose the arbitration method—either in person, by telephone, or based solely on written submissions.

 

If the arbitrator grants you a relief greater than our Final Settlement Offer, we will cover all associated filing, administration, and arbitrator fees, and, if applicable, reasonable attorneys’ fees incurred for the arbitration. Any arbitration award is final and binding, and may be enforced in any court with competent jurisdiction. While we reserve the right to attorneys’ fees and expenses if we win the arbitration, we will not pursue such fees from you unless your claim is judged as frivolous.

 

Class Action Waiver

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 you might have with them. You consent to seek injunctive relief to halt or remove your participation in such a 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.

 

Last Updated 12/11/2023