Terms of Use

Please Read Carefully Before Using This Website.

THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION AND WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. PLEASE REVIEW THE ARBITRATION SECTION FOR DETAILS.

NaturePest Holistic Pest Control (“we,” “us” or “our”) provides and maintains this website for information and communication purposes. These Terms of Use (“Terms”) govern your access to and use of the NaturePest Holistic Pest Control website (https://www.naturepest.com/), or any other website, mobile site, application, service, platform, or other tool on which these terms are posted or appear (collectively, the “Website” or “Site”). “You” refers to you as a user of the Site.

If you do not accept these Terms or you do not meet or comply with their provisions, you may not use the Website.

1. Overview

BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON.

2. Changes to Terms

We may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship, or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. We make no representation that the information, opinions, advice, or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Additional Terms

Some of our services offered through the Website have additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read through your use of that service. By using that service, you agree to the Additional Terms.

5. User Content

The Website may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Website and related services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Website), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Website, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Website.

You promise that:

• You own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
• Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Website for any reason.

6. Eligibility

You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Website with permission from your parent or legal guardian.

7. Your Account

You may be required to register with Us in order to access certain services or areas of the Website. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, we reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders or services. If you register, you agree to provide us with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate suspension or termination of your account.

8. AutoPay

We offer the option for customers to enroll in our automatic payments program for the payment of the amounts due on their account by recurring charges or debits (“AutoPay”). Your enrollment in AutoPay and authorization to pay your account by AutoPay is entirely optional and is not required to obtain or maintain your account with us. The following terms and conditions apply if you are enrolled in AutoPay. By enrolling in AutoPay, you authorize us to, on a recurring basis, automatically charge the debit or credit card account you have specified, or to automatically debit the checking or savings account you have specified for payments due on your account.

This covers the start of your Terms of Use with the requested changes. You may need to continue adapting the rest of the document following the same format, especially the contact info, etc. Let me know if you’d like me to assist further!

9. Copyrights and Trademarks

Other than User Content, we own or license all right, title, and interest in and to (a) the Website, including all software, text, media, and other content available on the Website (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Website, Our Content, and Marks are protected by United States and international laws and treaty provisions. The look and feel of the Website are copyright © NaturePest Holistic Pest Control. You may access, download, and print materials on this Website solely for your personal and non-commercial use; however, any printout of this Website, or portions of the Website, must include our copyright notice. No right, title, or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading, or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to, or frame in another website, use on any other website (including, without limitation, the HTML/CSS, Javascript, or visual design elements or concepts), transfer or sell any information obtained from this Website without our prior written permission. You may not use any metatags or any other “hidden text” utilizing any of our names or trademarks without our express written consent.

10. Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, we do not control or endorse such Websites and are not responsible for their content nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms apply only to the Website and the associated products and services we offer. If you decide to access any of the third-party sites linked to this Website, you do so at your own risk. We reserve the right to terminate any link or linking program at any time. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third-party sites.

You may not link to this Website without our written permission. If you are interested in linking to this Website, please contact us at inquiries@naturepest.com.

11. Use of the Website

We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Website and Our Content and other information contained on the Website. This license does not include any resale or commercial use of the Website; any collection and commercial use of any of Our Content; any non-personal use of our product or service names, listings, descriptions, or prices; any derivative use of the Website; any downloading, copying, or other use of the Website or Our Content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Website only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms.

You are responsible for your use of the Website, and for any use of the Website made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Website, you may not:

• Violate any law or regulation;
• Violate, infringe, or misappropriate others’ intellectual property, privacy, publicity, or other legal rights;
• Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• Send unsolicited or unauthorized advertising or commercial communications, such as spam;
• Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website;
• Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• Stalk, harass, or harm another individual;
• Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• Use any means to scrape or crawl any Web pages contained in the Website;
• Attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or
• Advocate, encourage, or assist any third party in doing any of the foregoing.

12. DMCA Copyright Policy and Copyright Agent

We respect the intellectual property rights of others. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe something on this Website has infringed your intellectual property rights, please notify our Copyright Agent named below and provide the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
• Your address, telephone number, and, if available, an electronic mail address where we may contact you;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

NaturePest Holistic Pest Control
ATTN: DMCA Notice
3020 NE 41st Ter, Homestead, FL 33033
Email: DMCA Agent at info@naturepest.com

Only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

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13. Disclaimer of Warranties and Limitation of Liability

THE WEBSITE AND OUR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ANY AMOUNT YOU HAVE ACTUALLY PAID US DURING THE 12 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY, OR ONE HUNDRED UNITED STATES DOLLARS (USD $100), WHICHEVER IS GREATER.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

14. Text Message Program Terms

We and our Affiliates offer customers mobile alerts regarding our services by SMS/MMS messages (the “Text Service”). By participating in the Text Service, You are agreeing to these Terms and to the Privacy Policy.

Signing Up and Enrolling in the Text Service

By providing your mobile phone number, You agree to enroll in the Text Service and You agree to these terms and conditions. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, you must be 19 years old). We and our Affiliates reserve the right to stop offering the Text Service at any time with or without notice.

By Enrolling in the Text Service, you:

• Authorize us and our affiliates to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your enrollment (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
• Acknowledge that you do not have to agree to receive messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your enrollment.

Messages You May Receive

Once You affirm your choice to enroll in the Text Service, your message frequency may vary. You may receive an alert when:

• You are welcomed into the Text Service
• A service has been scheduled
• A technician has been dispatched
• Other information regarding your service

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using the Text Service.

The Text Service may not be available on all wireless carriers. We may add or remove any wireless carrier from the Text Service at any time without notice. We, our Affiliates, and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Text Service

To stop receiving text messages from us, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that we, our Affiliates, and our service providers will have no liability for failing to honor such requests. These Terms still will apply if You withdraw the consent mentioned above or opt out of the Text Service.

Questions

For any questions, please contact us at 1.786.222.7069.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, You agree to notify NaturePest Holistic Pest Control by calling 1.786.222.7069.

15. Inaccuracy Disclaimer

From time to time, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase or service after pricing or other information has been corrected, please contact us right away and we will work with you to cancel your service or return your order.

This concludes the continuation of the Terms of Use for NaturePest Holistic Pest Control. Please let me know if you’d like further assistance or modifications!