You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify [Redding Pest Control] of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. [Redding Pest Control] will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your [ Redding Pest Control] account.
Your Use of the Website
You must not copy or capture, or attempt to copy or capture, any content from the Website unless given express permission by [Redding Pest Control]. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Website. You must not use any content in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
Third Party Service
Through the Website, you’ll be provided services from a partner of [Redding Pest Control] (each such service, a “Third Party Service”, and each such partner, a “Partner”). [Redding Pest Control] is not responsible for Third Party Services or any material, information or results available through Third Party Services and the applicable Partners may require you to agree to terms and conditions or agreements with respect to their provision of the Third Party Services to you. You are solely responsible for, and assume all risk arising from, your election and receipt of any Third Party Service. If you elect to receive a Third Party Service, you authorize [Redding Pest Control] to submit to the applicable Partner any and all documents and information about you, necessary for such Partner to provide the Third Party Service to you, requested by such Partner that you have provided to [Redding Pest Control] in connection with this Agreement. You are responsible for the accuracy of all shared information you provide to us and approve to be submitted to Partners. You represent and warrant that you have all the rights in and to any shared information necessary to provide shared information to [Redding Pest Control] and that [Redding Pest Control]’s use of shared information as contemplated hereunder will not violate any rights of privacy or other proprietary rights, or any applicable local, state or federal laws, regulations, orders or rules. You agree that by electing to receive a Third Party Service, and consenting and authorizing [Redding Pest Control] to submit your shared information to a Partner, you have waived and released any claim against [Redding Pest Control] arising out of a Partner’s use of your shared information. In no event will [Redding Pest Control] be liable to you or any third party for any direct, indirect, consequential, special, or punitive loss or damages regardless of whether such damages are based on contract, tort (including negligence), strict liability, or any other theory or form of action or whether [Redding Pest Control] knew or should have known of the likelihood of such damages in any circumstances, arising out of or related to a Partner’s use of your shared information.
Your use of the Website is entirely at your own risk. [Redding Pest Control] is not in the business of providing contractor services or advice. You should consult a professional trained in this area if you need such assistance. The website is provided “AS IS” and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, [Redding Pest Control] DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NON-INFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE WEBSITE. [Redding Pest Control] DOES NOT WARRANT THAT THE WEBSITE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of delivery of the Service.
[Redding Pest Control] owns all worldwide rights, title and interest in and to the Website. This Agreement does not convey any proprietary interest in or to any [Redding Pest Control] IP or rights of entitlement to the use thereof except as expressly set forth herein. Any feedback, comments, and suggestions you may provide for improvements to the Website is given entirely voluntary and [Redding Pest Control] will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such feedback as it sees fit, entirely without obligation or restriction of any kind.
Limitation of Liability. You agree to indemnify, defend and hold [Redding Pest Control] and its agents, contractors, services providers and affiliates (each, an “Indemnified Party”), harmless against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, reasonable attorneys’ fees incurred in connection with such claims) made by you or others resulting from, arising out of or related to (i) any acts or omissions by you and/or any other authorized users, or (ii) [Redding Pest Control]’s or any other Indemnified Party’s use of or reliance on information and data furnished by you or resulting from activities that [Redding Pest Control] or any other Indemnified Party undertakes at your request, or at the request of anyone [Redding Pest Control] or any other Indemnified Party believes in good faith to be your authorized agent, in providing services or otherwise in connection with this Agreement. IN NO EVENT WILL [Redding Pest Control] OR ANY OTHER INDEMNIFIED PARTY HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION OR WHETHER GUSTO OR ANY OTHER INDEMNIFIED PARTY KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
This Agreement shall be interpreted and construed in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. You irrevocably submit (for yourself and in respect of your property and business) to the jurisdiction of any state or federal court sitting in Shasta County, California, in any action or proceeding arising out of, or relating to, this Agreement and acknowledge and agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You also agree not to bring any action or proceeding arising out of, or relating to, this Agreement in any other court. You waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought.
Alternative Dispute Resolution
Notwithstanding any other provision in this Agreement, if either you or [Redding Pest Control] have any unresolvable dispute, controversy or claim, whether founded in contract, tort, statutory or common law, concerning, arising out of or relating to this Agreement or the services provided, including any claim regarding the applicability, interpretation, scope or validity of this arbitration clause and/or this Agreement (a “Claim”) and upon the demand of either party, it will be settled by individual (not class or class-wide) binding arbitration administered by the American Arbitration Association (AAA) in accordance with the then current Commercial Financial Disputes Arbitration Rules, including any expedited procedures. A demand that a Claim be submitted to arbitration may be made before the initiation of any legal proceeding or within ninety (90) days following the service of a complaint, third-party complaint, cross-claim or counterclaim and if a party in a pending legal proceeding demands a Claim to be submitted to arbitration, the party initiating the action will immediately dismiss the legal proceeding and file the claim in arbitration. Arbitration hearings will be held in a mutually agreeable location or if no such agreement can be reached, the city where the dispute occurred. A single arbitrator will be appointed by the AAA and shall be a practicing attorney or retired judge. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including attorneys’ fees and expert witness fees. A judgment on the award may be entered by any court having jurisdiction. The parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement.
This Agreement constitutes the entire agreement between [Redding Pest Control] and you regarding the services offered by Website and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as otherwise provided herein. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You may not assign this Agreement without the prior written consent of [Redding Pest Control]. The provisions of this Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.