PLEASE BE AWARE THAT SECTION 14 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND CLARK PEST CONTROL OF STOCKTON, INC. HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST CLARK PEST CONTROL OF STOCKTON, INC. TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 14 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST CLARK PEST CONTROL OF STOCKTON, INC. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 14 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 14 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
will mean that you accept such changes. Notwithstanding the foregoing, in the event that you provide us with an email address, we will notify you at the email address provide to us in the event that we make any material changes to these Terms
The Website are for Use by Individuals 18 Years of Age and Older.
The Website are
the Website without notice if we believe you are less than 18 years old. By using the Website, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions
Website Use Restrictions.
Without our prior written consent, you may not:
Use any automated means to access this Website or collect any information from the Website (including,
without limitation, robots, spiders, scripts, or other automatic devices or programs);
Frame the Website in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Website’s
pages, or otherwise affect the display of any pages on the Website;
Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
Use the Website in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; or
Access, use or monitor our Website for benchmarking or any direct competitive purposes.
We may terminate or disable your access to these Website for any reason, with or without cause, including if we believe that you have violated or acted inconsistently
Parts of the Website may be accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for the
activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Website will violate or infringe upon the rights of any third party,
including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover
any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.
In addition, you agree not to use the Website to:
Except where authorized by us, register for
more than one User account, register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
Impersonate any person or entity, or falsely state
or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
Upload, post, transmit, share, store, or otherwise make publicly available through the Website any private information
of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party;
Upload, post, transmit, share, or
otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website; or Use or attempt to use another’s account without
authorization from that person, or create a false identity through the Website.
Information Posted through the Website.
As between us and you, all content made available on or through the Website, whether uploaded,
published, or displayed by us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, except as provided in Section 9 (Third Party Links & Ads) is the property
of Clark Pest Control of Stockton, Inc. (collectively the “Clark Pest Control of Stockton, Inc. Content”). To the best of our knowledge, we use only content that we own or have permission to use. No Clark Pest Control
of Stockton, Inc. Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission.
You are solely responsible for the information
that you post on or through the Website and your conduct regarding the Website. By posting information to or through the Website, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password
and identification, to the extent you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Website; and (d) be fully responsible
for all use of your account and for any actions that take place using your account.
Consent to be Contacted.
To the extent required by applicable law, we ensure we make the proper disclosures and obtain consumer consent when
collecting your contact information.
The “Clark Pest Control of Stockton, Inc.” name and all associated graphics, logos, designs, page headers, button
icons, scripts, and service names are registered trademarks, trademarks, or trade dress in the United States. Clark Pest Control of Stockton, Inc.’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain
names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Clark Pest Control of Stockton, Inc.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Website are non-confidential and shall become
the sole property of Clark Pest Control of Stockton, Inc. Clark Pest Control of Stockton, Inc. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you believe that any material on the Website infringes upon any copyright which you own or control, you may
send a written notification of such infringement to our designated agent as set forth below:
Clark Pest Control of Stockton, Inc.
Clark Pest Control of Stockton, Inc.
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication including the
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, or,
if multiple copyrighted works, a representative list of such works at that site;
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, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and
statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third-Party Links & Ads.
The Website may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Website contain links to Third-Party Links &
Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Recovery COA does not review, approve, endorse or make any promises with respect to Third-Party
Links & Ads. You use Third-Party Links & Ads at your own risk. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the
We reserve the right to change any and all content within the Website
and any service offered through the Website at any time without notice.
We provide the Website “AS IS” and assume no responsibility for any failure to provide the Website to you. The Website may be temporarily unavailable
from time to time for maintenance or other reasons. We may discontinue the Website or any products or services available through the Website at any time and for any reason. We are not responsible for any problems or technical malfunction
of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Website, including injury or damage to Users or to any
other person’s devices related to or resulting from use of the Website.
Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of
business, or personal injury or death, resulting from anyone’s use of the Website. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, and that we EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.
Limitation of Certain Damage Types.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL CLARK PEST CONTROL OF STOCKTON, INC. OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF ANY OF US IS AWARE OF OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability Amount.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO US FOR THE WEBSITE OR PRODUCT AT ISSUE IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US
FOR A SERVICE OR PRODUCT, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.
NOTHING IN THESE TERMS
SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
Disputes, Governing Law, Venue, and Jurisdiction.
the State of Georgia.
Arbitration Agreement & Dispute Resolution.
Please read this Arbitration Agreement carefully.
It is part of your contract with Clark Pest Control of Stockton, Inc. and affects your rights. It contains procedures for MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
Scope of Arbitration Agreement (“Arbitration
You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or to any other aspect of your relationship with Clark Pest Control of Stockton, Inc. will be resolved by
binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and
(2) you or Clark Pest Control of Stockton, Inc. may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This
Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST CLARK PEST CONTROL OF STOCKTON, INC. ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE
CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE
TO ARBITRATION WITH CLARK PEST CONTROL OF STOCKTON, INC., YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING
TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST CLARK PEST CONTROL OF STOCKTON, INC. IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
Rules and Forum.
This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the
AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the
AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Clark Pest Control of Stockton, Inc. will not seek attorneys’ fees and costs
in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA may be contacted at the toll-free number 800.778.7879, or
through the following website: http://www.adr.org.
Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation,
applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities,
if any, of you and Clark Pest Control of Stockton, Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or
part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms
of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority
to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Clark Pest Control of Stockton, Inc.
Waiver of Jury Trial.
YOU AND Clark Pest Control of Stockton, Inc. EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Clark Pest Control of Stockton, Inc. are instead electing to
and court review of an arbitration award is limited. In any litigation between you and Clark Pest Control of Stockton, Inc. over whether to vacate or enforce an arbitration award, you and Clark Pest Control of Stockton, Inc. waive all rights
to a jury trial, and elect instead to have a judge resolve the dispute.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL
BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed
invalid or unenforceable, neither you nor Clark Pest Control of Stockton, Inc. is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 13 (Disputes, Governing Law, Venue and Jurisdiction)
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Clark Pest Control of Stockton, Inc. can force the other to arbitrate. To opt out, you must notify Clark
Pest Control of Stockton, Inc. in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Clark Pest Control of Stockton, Inc. username (if any), the email
address you used to set up your Clark Pest Control of Stockton, Inc. account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: email@example.com.
To the maximum extent permitted by law, you agree to indemnify
and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees),
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.