WEBSITE TERMS OF USE
Thank you for your interest in the
Rodent Control Inc. website located at https://rodentcontrolinc.com (the “Site”) provided to you by
Rodent Control Inc. (“Sponsor”), as well as all related web sites, networks,
downloadable software, and other software, products and services provided by us
and on which a link to these Terms of Use is displayed (collectively, our “Service”).
This Terms of Use, along with the Rodent Control Inc. Privacy Policy and any other
applicable policies, as may be updated from time to time, govern your use of
the Service. This Terms of Use is a legally binding contract between you and
Sponsor regarding your use of the Service. You may request a copy of this Terms
of Use by submitting a form here: TOS Contact.
Certain aspects of the Service may
be provided by one or more third parties. Such third parties may have their
own policies and end user license agreements (collectively, “Third Party
Policies and EULAs”) that apply to your use of the Service. Nothing in this Terms
of Use is intended to modify or limit such Third Party Policies and EULAs.
This Terms of Use only applies to the Service to Sponsor.
PLEASE READ THE TERMS OF USE
CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE,
YOU MAY NOT USE THE SERVICE.
You acknowledge and agree that, as provided in greater
detail in the Terms of Use:
- your use of the Service may be subject to separate third party
terms of use/service and fees; - you consent to the collection and use of your personally
identifiable information and information about your location in accordance with
the Rodent Control Inc. Privacy Policy and the privacy policies of third parties; - the Service is provided “as is” without warranties of any kind
and Sponsor’s liability to you is limited; - disputes arising hereunder will be resolved by binding
arbitration, AND BY ACCEPTING THIS TERMS OF USE, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR
RIGHT TO GO TO COURT to assert or defend your rights under this contract
(except for matters that may be taken to small claims court). Your rights will
be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims
cannot be brought as a class action. Please review the Arbitration Agreement
below for the details regarding your agreement to arbitrate any disputes with Sponsor; - access to certain features of the Service may require access to
information about the location of your device, such as GPS coordinates. - by creating an account on our service or otherwise accessing,
contributing or activating content on the Service, you agree to subscribe to
newsletters, marketing, promotional or sponsored materials and other
information we may send which may take a variety of forms and methods inclusive
of, but not limited to, electronic communications such as email and SMS/text
messaging. Receipt of such sponsored material may create additional fees and
charges with your mobile or data provider. You are responsible for all such
costs. However, you may opt-out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions
provided in any email or text message we may send.
1. User Content.
1.1 User Content Generally. Certain features of the Service may
permit users to post content, including messages, reviews, photos, video,
images, folders, data, text, and other types of works (collectively, “User
Content”) and to publish User Content on the Service.
1.2 Limited License Grant. By posting or publishing User Content,
you grant Sponsor a perpetual, worldwide, non-exclusive, royalty-free right and
license (with the right to sublicense) to host, store, transfer, display,
perform, reproduce, modify, and distribute your User Content, in whole or in
part, in any media formats and through any media channels (now known or
hereafter developed). Any such use of your User Content by Sponsor may be
without any compensation paid to you.
1.3 Limited License Grant to Other Users. By posting and sharing
User Content with another user of the Service, you hereby grant that user a
non-exclusive license to access and use such User Content as permitted by this Terms
of Use and the functionality of the Service.
1.4 User Content Representations and Warranties. You are solely
responsible for your User Content and the consequences of posting or publishing
User Content. By posting and publishing User Content, you affirm, represent,
and warrant that:
- you are the creator and owner of, or have the necessary licenses,
rights, consents, and permissions to use and to authorize Sponsor and users of
the Service to use and distribute your User Content as necessary to exercise
the licenses granted by you in this Section 1 and in the manner contemplated by
Sponsor and this Terms of Use; and - your User Content, and use of your User Content as contemplated
by this Terms of Use, does not and will not: (i)infringe, violate, or
misappropriate any third party right, including any copyright, trademark,
patent, trade secret, moral right, privacy right, right of publicity, or any
other intellectual property or proprietary right; or (ii)slander, defame,
libel, or invade the right of privacy, publicity or other property rights of
any other person. - By creating an account with us, you guarantee you are 18 years of
age or older and all personal information you provide is accurate
1.5 User Content Disclaimer. Sponsor is under no obligation to edit
or control User Content that you or other users post or publish, and Sponsor will
not be in any way responsible or liable for User Content. Sponsor may,
however, at any time and without prior notice, screen, remove, edit, or block
any User Content that in Sponsor’s sole judgment violates this Terms of Use or
is otherwise objectionable. You understand that when using the Service you
will be exposed to User Content from a variety of sources and acknowledge that
User Content may be inaccurate, offensive, indecent or objectionable. You
agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Sponsor with respect to User Content. Sponsor expressly
disclaims any and all liability in connection with User Content. If notified
by a user or content owner that User Content allegedly does not conform to this
Terms of Use, Sponsor may investigate the allegation and determine in its sole
discretion whether to remove the User Content, which Sponsor reserves the right
to do at any time and without notice.
2. Third Party Services and Linked Websites.
2.1 Sponsor may provide tools through the Service that enable you to export
information, including User Content, to third party services, including through
features that allow you to link your account on Sponsor with an account on the
third party service, such as Twitter or Facebook, or through our implementation
of third party buttons (such as “like” or “share” buttons). By using these
tools, you agree that Sponsor may transfer such information to the applicable
third party service. Such third party services are not under Sponsor’s control,
and Sponsor is not responsible for their use of your exported information. The
Service may also contain links to third party websites. Such linked websites
are not under Sponsor’s control, and Sponsor is not responsible for their
content.
If you violate any provision of this Terms of Use, your permission to use the
Service will terminate automatically. Additionally, Sponsor, in its sole
discretion, may terminate your user account on the Service or suspend or
terminate your access to the Service at any time, with or without notice. Sponsor
also reserves the right to modify or discontinue the Service at any time
(including, without limitation, by limiting or discontinuing certain features
of the Service) without notice to you. Sponsor will have no liability
whatsoever on account of any change to the Service or any suspension or
termination of your access to or use of the Service.
Service (“Feedback”), you acknowledge that the Feedback is not
confidential and you authorize Sponsor to use that Feedback without restriction
and without payment to you. Accordingly, you hereby grant to Sponsor a
nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable,
and fully sub-licensable right to use the Feedback in any manner and for any
purpose. Sponsor provides no assurances that any reported problems will be
resolved by Sponsor even if Sponsor elects to provide a response or information
with the goal of addressing a problem.
5. Privacy Policy; Additional Terms.
5.1 Privacy Policy. Please read the Rodent Control Inc. Privacy Policy (follow
the link at the bottom of https://rodentcontrolinc.com) carefully for information relating to Sponsor’s
collection, use, storage and disclosure of your personal information. The Rodent Control Inc.
Privacy Policy is hereby incorporated by reference into, and made a part
of, this Terms of Use.
5.2 Additional Terms. Your use of the Service is subject to any and
all additional terms, policies, rules, or guidelines applicable to the Service
or certain features of the Service that Sponsor may post on or link to on the
Service (the “Additional Terms”), such as end user license agreements
for any downloadable applications that Sponsor may offer, or rules applicable
to particular features or content on the Service, subject to Section6 below.
All such Additional Terms are hereby incorporated by reference into, and made a
part of, this Terms of Use.
at its discretion, to change this Terms of Use on a going-forward basis at any
time. Please check this Terms of Use periodically for changes. If a change to
this Terms of Use materially modifies your rights or obligations, you will be
required to accept such modified terms in order to continue to use the
Service. Material modifications are effective upon your acceptance of such
modified Terms of Use. Immaterial modifications are effective upon
publication. For the avoidance of doubt, disputes arising under this Terms of
Use will be resolved in accordance with this Terms of Use in effect that the
time the dispute arose.
by Sponsor. The visual interfaces, graphics, design, compilation, information,
data, computer code (including source code or object code), products, Software,
services, and all other elements of the Service (the “Materials”) provided by Sponsor
are protected by all relevant intellectual property and proprietary rights and
applicable laws. All Materials contained in the Service are the property of Sponsor
or our third party licensors. Except as expressly authorized by Sponsor, you
may not make use of the Materials. Sponsor reserves all rights to the
Materials not granted expressly in this Terms of Use.
of the Service, and you agree to defend, indemnify, and hold harmless Sponsor and
each of their officers, directors, employees, consultants, affiliates,
subsidiaries, agents, and distributors (collectively, the “Sponsor Entities”)
from and against any and all claims, liabilities, damages, losses, and
expenses, including reasonable attorneys’ fees and costs, arising out of or in
any way connected with (i)your access to, use of, or alleged use of the
Service; (ii)your violation of this Terms of Use or any representation,
warranty, or agreements referenced in this Terms of Use, or any applicable law
or regulation; (iii)your violation of any third party right, including without
limitation any intellectual property right, publicity, confidentiality,
property or privacy right; or (iv) any disputes or issues between you and any
third party. Sponsor reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you (and without limiting your indemnification obligations
with respect to such matter), and in such case, you agree to cooperate with our
defense of such claim.
9. Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS
AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS
AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR
IMPLIED. THE SPONSOR ENTITIES SPECIFICALLY
(BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE
THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i)ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, OR NON-INFRINGEMENT; AND (ii)ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE. SPONSOR
ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY
MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED,
SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT
WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE
SERVICE WILL CREATE ANY WARRANTY REGARDING THE SPONSOR ENTITIES OR THE SERVICE
THAT IS NOT EXPRESSLY STATED IN THIS TERMS OF USE. YOU ASSUME ALL RISK FOR ALL
DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR
DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE
THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND
USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE
SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK,
AND AS BETWEEN YOU AND THE SPONSOR ENTITIES, YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY (INCLUDING YOUR PERSONAL PROPERTY USED
IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS
FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR
CONTENT.
SOME JURISDICTIONS MAY PROHIBIT
A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION
TO JURISDICTION.
10. Limitation of Liability.
IN NO EVENT WILL THE SPONSOR ENTITIES
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR
YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE
SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE
OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SPONSOR ENTITIES HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE SPONSOR ENTITIES TO
YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY
INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE
THROUGH THE SERVICE) OR OTHERWISE UNDER THIS TERMS OF USE, WHETHER IN CONTRACT,
TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i)THE AMOUNTS YOU HAVE
PAID TO SPONSOR FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE MONTHS
PRIOR TO THE CLAIM OR (ii)$100.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS
OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES,
OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS TERMS OF USE BETWEEN
THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE
BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND
INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN
THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
State of California without regard to conflict of law principles. To the extent
that any lawsuit or court proceeding is permitted hereunder, you and Sponsor agree
to submit to the personal and exclusive jurisdiction of the state courts and
federal courts located within the state of California for the purpose of
litigating all such disputes. Sponsor operates the Service from its offices in
California and it makes no representation that Materials included in the Service
are appropriate or available for use in other locations.
any other agreements expressly incorporated by reference, constitute the entire
and exclusive understanding and agreement between you and Sponsor regarding
your use of and access to the Service, and except as expressly permitted above
may be amended only by a written agreement signed by authorized representatives
of all parties to this Terms of Use. You may not assign or transfer this Terms
of Use or your rights hereunder, in whole or in part, by operation of law or otherwise,
without our prior written consent. Sponsor may assign this Terms of Use at any
time without notice. The failure to require performance of any provision will
not affect Sponsor’s right to require performance at any time thereafter, nor
will a waiver of any breach or default of this Terms of Use or any provision of
this Terms of Use constitute a waiver of any subsequent breach or default or a
waiver of the provision itself. Use of section headers in this Terms of Use is
for convenience only and will not have any impact on the interpretation of
particular provisions. If any part of this Terms of Use is held to be invalid
or unenforceable, the unenforceable part will be given effect to the greatest
extent possible and the remaining parts will remain in full force and effect.
Upon termination of this Terms of Use, any provision that by its nature or
express terms should survive will survive such termination or expiration.
13. Dispute Resolution and Arbitration.
13.1 Generally. In the interest of resolving disputes between you and
Sponsor in the most expedient and cost effective manner, you and Sponsor agree
that any and all disputes arising in connection with this Terms of Use and your
use of, and access to, the Service will be resolved by binding arbitration.
Arbitration is more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, may allow for more limited
discovery than in court, and can be subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award. Our
agreement to arbitrate disputes includes, but is not limited to all claims
arising out of or relating to any aspect of this Terms of Use, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory,
and regardless of whether the claims arise during or after the termination of
this Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS TERMS
OF USE, YOU AND SPONSOR ARE EACH WAIVING
THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
13.2 Exceptions. Notwithstanding Section13.1, we both agree
that nothing in this Terms of Use will be deemed to waive, preclude, or
otherwise limit either of our right to: (i)bring an individual action in
small claims court; (ii)pursue enforcement actions through applicable
federal, state, or local agencies where such actions are available;
(iii)seek injunctive relief in a court of law; or (iv)to file suit
in a court of law to address intellectual property infringement claims.
13.3 Arbitrator. Any arbitration between you and Sponsor will be
governed by the Commercial Dispute Resolution Procedures and the Supplementary
Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of
the American Arbitration Association (“AAA”), as modified by this Terms
of Use, and will be administered by the AAA. The AAA Rules and filing forms
are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or
by contacting Sponsor.
13.4 Notice; Process. A party who intends to seek arbitration must
first send a written notice of the dispute to the other, by certified mail or
Federal Express (signature required), or if we do not have a physical address
on file for you, by submitting a form here: TOS Contact.
The Notice must: (i)describe the
nature and basis of the claim or dispute; and (ii)set forth the specific
relief sought (“Demand”). We agree to use good faith efforts to resolve
the claim directly, but if we do not reach an agreement to do so within thirty
(30) days after the Notice is received, you or Sponsor may commence an
arbitration proceeding. During the arbitration, the amount of any settlement
offer made by you or Sponsor must not be disclosed to the arbitrator until
after the arbitrator makes a final decision and award, if any. If our dispute
is finally resolved through arbitration in your favor, Sponsor will pay you:
(a)the amount awarded by the arbitrator, if any; (b)the last
written settlement amount offered by Sponsor in settlement of the dispute prior
to the arbitrator’s award; or (c)$1,000, whichever is greater.
13.5 Fees. If you commence arbitration in accordance with this Terms
of Use, Sponsor will reimburse you for your payment of the filing fee, unless
your claim is for greater than $10,000, in which case the payment of any fees
will be decided by the AAA Rules. Any arbitration hearings will take place at
a location to be agreed upon in California, provided that if the claim is for $10,000
or less, you may choose whether the arbitration will be conducted:
(i)solely on the basis of documents submitted to the arbitrator;
(ii)through a non-appearance based telephonic hearing; or (iii)by
an in-person hearing as established by the AAA Rules in the county (or parish)
of your billing address. If the arbitrator finds that either the substance of
your claim or the relief sought in the Demand is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of
Civil Procedure 11(b)), then the payment of all fees will be governed by the
AAA Rules. In such case, you agree to reimburse Sponsor for all monies
previously disbursed by it that are otherwise your obligation to pay under the
AAA Rules. Regardless of the manner in which the arbitration is conducted, the
arbitrator will issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the decision and award, if any, are
based. The arbitrator may make rulings and resolve disputes as to the payment
and reimbursement of fees or expenses at any time during the proceeding and
upon request from either party made within fourteen (14) days of the
arbitrator’s ruling on the merits. In the event of a dispute, and unless otherwise
prohibited by law or expressly noted herein, each party will bear their own
attorney’s fees and other costs.
13.6 No Class Actions. YOU AND
SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR
OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sponsor
agree otherwise, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a representative or
class proceeding.
13.7 Modifications. If Sponsor makes any future change to this
arbitration provision (other than a change to Sponsor’s address for Notice),
you may reject any such change by sending us written notice within thirty (30)
days of the change to Sponsor’s address for Notice, in which case your account
with Sponsor will immediately be terminated and this arbitration provision, as
in effect immediately prior to the amendments you reject will survive.
13.8 Enforceability. If Section13.6 is found to be
unenforceable or if the entirety of this Section13 is found to be
unenforceable, then the entirety of this Section13 will be null and void
and, in that case, the parties agree that the exclusive jurisdiction and venue
described in Section11 will govern any action arising out of or related
to this Terms of Use.
consent to receiving certain electronic communications from us as further
described in our Privacy Policy. Please read our Privacy Policy to learn more
about your choices regarding our electronic communications practices. You
agree that any notices, agreements, disclosures, or other communications that Sponsor
sends to you electronically will satisfy any legal communication requirements,
including that such communications be in writing.
You may contact us by submitting a form here: TOS Contact.