The following rules (“Terms and Conditions”) govern (a) the use of each of the website located at, or linked to, the following URLs: http://www.pestawayinc.com b) the use of any of our co-branded website that we maintain with one or more of our business partners (which website contain a link to these Terms and Conditions or contain any of the root URLs http://www.pestawayinc.com(c) the sale of products or services offered on any of the foregoing website, and (d) the Site Content (defined below) that may appear or be offered on any of the foregoing website (collectively, our “site”). Please read the following Terms and Conditions carefully.
Modification to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our site. If you violate these Terms and Conditions, we may terminate your use of the site, bar you from future use of the site, and/or take appropriate legal action against you. You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Intellectual Property Rights of Pest Away Exterminators Inc
Each of our site is owned and operated by us and are © 2011, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our site, as well as the selection, assembly and arrangement thereof, and includes our greeting, hint, reminder or Track & Modify Your Order services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Pest Away Exterminators Inc or its suppliers/licensors. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
The following is a list of trademarks, trade names and service marks owned by Pest Away Exterminators Inc.
The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Pest Away Exterminators Inc in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at firstname.lastname@example.org
Accounts Unless we allow “guest” purchases, you will need to establish an account with us to use certain features of the site (e.g., to order products and services from the site). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password.
By logging into the site, you represent and warrant that:
(i) you are the customer who registered for the services;
(ii) that you are using the services only for permitted purposes; and
(iii) you are not a competitor of Pest Away Exterminators Inc, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us at email@example.com of any potential unauthorized use(s) of your account, or breach of security.
If you create an account, you represent and warrant that:
(i) you will not select or utilize a user name of another person with intent to impersonate that person;
(ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name;
(iii) you will not select or utilize a user name that Pest Away Exterminators Inc in its sole discretion deems offensive; and
(iv) you are not a competitor of Pest Away Exterminators Inc, or an agent thereof.
Permitted Use and Restrictions
You agree that you are only authorized to visit, view, download, print, and retain a copy of pages of the site for your own personal use. We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of each of our site. If you download, print, or retain a copy of pages of the site, you may not remove these notices or credits or any additional information accompanying such notices and credits. Except as expressly provided above, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the site (including the Site Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access the site (including the Site Content) to build similar or competing site. You may not disassemble, reverse compile or reverse engineer any software contained on the site. If you wish to obtain permission to reprint or reproduce any Site Content you may contact us at firstname.lastname@example.org. We reserve the right to modify, suspend, or discontinue the site or any part thereof without notice to you. Any updates to the site shall be subject to these Terms and Conditions.
User Content from other Users, Links, Search Results, Advertising and Third-Party Sellers Each of our site may contain
(a) User Content (defined below) provided by other users,
(b) links to other site operated by third parties,
(c) advertisements and/or sponsorships provided by third parties, and
(d) stores, services, or product lines offered by third parties ((a), (b) , (c), and (d) are collectively, “Third-Party Materials”).
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Violation of the Terms and Conditions By using any one of our site, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more of our site and to any services offered on our site, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of Pest Away Exterminators Inc or another user. We will have no liability to you for any deletion of your User Content.
Acceptable Use Policy You agree that your User Content will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, nor (b) contain unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
You agree that you will not use the site to:
(a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(d) interfere with or disrupt servers or networks connected to the site or violate the regulations, policies or procedures of such networks;
(e) attempt to gain unauthorized access to the site, other computer systems or networks connected to or used together with the site, through password mining or other means;
(f) harass or interfere with another user’s use and enjoyment of the site; or
(g) engage in any illegal activities.
We may terminate the privileges of any user who uses the site unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.
Feedback We welcome all comments, feedback, information, or materials regarding our site (“Feedback”), which you submit to us by email or otherwise through or in conjunction with any one of our site. Please note that Feedback shall be considered non-confidential and become the property of Pest Away Exterminators Inc. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.
Ordering Products and Services You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of our site.
Prices; Colors; Availability All prices listed on the site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on each of the site may change at any time, without notice.
Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either
(a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or
(b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
Payment Terms For each product or service you order on the site, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and Pest Away Exterminators Inc have agreed to an alternate billing arrangement in writing signed by Pest Away Exterminators Inc, Pest Away Exterminators Inc will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Sales Taxes Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products. We shall automatically charge and withhold the applicable sales tax for orders from Pest Away Exterminators Inc to be delivered to addresses within Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Massachusetts, Mississippi, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia and Washington.
Specials, Promotions and Sweepstakes/Contests Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
Shipping and Delivery Pest Away Exterminators Inc, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
Order Cancellation Policy Pest Away Exterminators Inc does not allow orders to be edited or cancelled after acceptance of the order pursuant to our Order Acceptance Policy described above or, if earlier, within forty-eight (48) hours of the requested delivery date or within the seven (7) days prior to Thanksgiving, Christmas, Valentine’s Day, Father’s Day or Mother’s Day (because of our extremely high volume of orders during these times).
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, Pest Away Exterminators Inc, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB site: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR site OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB site (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO Pest Away Exterminators IncFOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO Pest Away Exterminators IncIN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
Basis of Bargain
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN Pest Away Exterminators Inc AND YOU. Pest Away Exterminators Inc WOULD NOT BE ABLE TO PROVIDE THE SITE (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF Pest Away Exterminators Inc ’S SUPPLIERS.
Dispute Resolution Applicable Law: The Terms and Conditions and any legal action against us shall be governed in all respects by the laws of the State of New York and as those laws apply to agreements entered into and to be performed entirely within New York, without regard to conflict of law provisions.
Forum and Jurisdiction: You agree that any claim or dispute you have or may bring against Pest Away Exterminators Inc must be resolved by an appropriate federal or state court located in the County of Kings, New York. You agree to submit to the personal jurisdiction of the courts located in the County of Kings, New York for the purpose of litigating any claim or dispute you have with or bring against Pest Away Exterminators Inc . Notwithstanding the foregoing, to the extent Pest Away Exterminators Incbelieves that you have in any manner violated (or you threaten to violate) Pest Away Exterminators Inc ’s intellectual property rights, you agree that Pest Away Exterminators Incis entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.
Arbitration of Certain Disputes: Any claim or dispute you individually have or may bring against Pest Away Exterminators Inc(excluding claims for injunctive or other equitable relief) may, at your option, be submitted to confidential arbitration, instead of being resolved by an appropriate federal or state court located in the County of Kings, New York. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The option to arbitrate does not apply to arbitration of representative or class claims, and no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Indemnity By using any one of our site, you agree to indemnify and hold Pest Away Exterminators Inc, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.
Severability If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.
Other General Provisions Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.
How to Contact Us: If you have any comments or questions, please do not hesitate to contact us at or write us at: Sales Office: Pest Away Exterminators Inc, 261 W 35th St., Suite 300
NY 10001 Copyright© 2011 Pest Away Exterminators Inc. All rights reserved.