TERMS AND CONDITIONS

This Agreement is subject to the following Terms and Conditions, which are an integral part of this Agreement.

WORKMANSHIP. Company will perform the installation of the System in a workmanlike manner and will exercise care to avoid damaging any part of Customer’s property, plants or animals. Under no circumstances or conditions shall Company be responsible for damage caused by Company while performing the work except those damages resulting from gross negligence on the part of Company. Customer is responsible for alerting Company to hidden pipes, cables, or conduit at the service location in advance of the installation. In no event, shall Company be liable for damages in excess of the amount of this agreement.

NON-PAYMENT. Customer agrees that upon default of any payment due by the Customer, Company is relieved from further obligation under this agreement. The Customer agrees to pay all reasonable collection fees, including attorney’s fees, incurred by the Company in the event of default by Customer.

CHEMICAL SENSITIVITY. If Customer or other occupants in or around the structure(s) believe they may be sensitive to pesticides/insecticides or their odors, then Customer must notify Company in writing prior to installation or treatment, and must include information as to whether Customer or occupants have consulted with a licensed medical doctor or other healthcare provider regarding such sensitivity. The Company reserves the right, upon such notification, to deny or terminate service. Failure to provide notification represents Customer’s assumption of risk and waiver of claims against Company in connection with sensitivity.

PLANT AND MATERIALS DAMAGE. The insecticide(s) applied by the System may cause damage to sensitive plants and may cause discoloration in siding, fence, furniture and flooring materials. While Company will take practical precautions to avoid such damage, Company is not responsible for damage to plants or materials caused by the operation of the System.

ACCESS TO PROPERTY. Company requires access to the Property for installation and service of the System, which may require opening and leaving open gates, garage doors, pool doors, and sheds. In some circumstances, Customer may provide Company with keys, gate codes, or alarm codes. Although Company will make every reasonable effort to maintain the security of Customer’s property, Company shall not be responsible for thefts of Customer’s personal property by persons other than Company’s employees, agents, or representatives, or for any pets that escape during the installation of the System or during service.

ADVERSE HEALTH EFFECTS DISCLAIMER. Company, the manufacturer of the System and the manufacturer(s) of the insecticide(s) used in the System specifically disclaim any and all liability for any reactions, illnesses or diseases contracted or allegedly contracted by exposure to insects or the insecticide(s) used in the System. These can include, but are not limited to, allergic reactions, hypersensitive reactions, respiratory problems, West Nile virus, malaria, encephalitis and dengue fever.

CUSTOMER ASSUMPTION OF RESPONSIBILITY, RISK AND INDEMNITY. Customer assumes responsibility for the day to day operation of the System and agrees to allow its use only in strict compliance with the provisions of the label(s) for the insecticide(s) used in the System. Customer assumes any and all risks and liabilities associated with the operation of the System and its insecticide(s), and further agrees to indemnify and hold Company harmless from any and all claims which relate to the System and its insecticide(s).

WARRANTY: The warranty of the System is based on the Service Plan selected. The system is warranted to operate as specified following the completion of the installation and while maintained by Company under the selected Service Plan. The warranty includes all parts and labor free of charge for malfunctioning parts. The warranty does not cover damage or broken parts due to misuse of the System or damage to the System due to the growth of trees, floods, falling tree limbs, power surges or faulty electrical connections, or actions of Customer or third parties. The warranty does not cover modifications to or replacement of any parts of the System required by changes in federal, state, or local laws, regulations, or ordinances. If the System is not maintained by Company, or if any person other than an authorized representative of Company refills, services, or modifies the System, the warranty will be void, and any repairs will be charged to Customer.

NO IMPLIED WARRANTIES; LIMITATION OF LIABILITY. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT FOR THE WARRANTY HEREIN, In no event shall Company be liable to Customer or any other party for loss of profits, indirect, special, incidental, consequential, exemplary, or punitive damages arising out of or related to any breach of this Agreement or any obligations arising under this Agreement, EXCEPT ANY PROPERTY DAMAGE OR PERSONAL INJURY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY company. IN NO EVENT SHALL company’s MONETARY DAMAGES EXCEED THE PURCHASE PRICE OF THE SYSTEM. ThIS limitation of liability shall apply regardless of the form of action, whether in contract or tort, including negligence. THE PARTIES ACKNOWLEDGE THAT company’s pricing reflects the allocation of risk and limitations on liability contained in this Agreement.

TERM AND RENEWAL. This Agreement shall be for an initial period of one (1) year from the date of installation and shall automatically renew year to year unless written notice of cancellation is given by either party thirty (30) days prior to the anniversary date of this agreement.

GENERAL PROVISIONS.

Entire Agreement and Interpretation. This Agreement, together with attachments(s), constitutes the entire agreement between the parties. No other representation or statements, whether oral or written, are binding upon the parties. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of the Agreement will remain in full force and effect. This Agreement shall be interpreted, regulated and adjudicated in accordance with applicable federal, state and local laws and regulations as they exist at the time this Agreement is executed. Should any federal, state or local law or regulation be changed regarding the System, Company may take whatever steps are necessary to comply with said laws.

Notices. All notices, demands, requests, or other communications that may be or are required to be given, served, or sent by any party to any other party pursuant to this Agreement shall be in writing and shall be mailed by registered or certified mail, return receipt requested, postage prepaid; transmitted by a reputable overnight courier service, delivery signed for; or delivered by hand delivery, addressed to Customer at the address of the Property and to the Company at its listed address.

Arbitration. The parties agree that any controversy or claim arising out of or relating to this agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules then in force of the American Arbitration Association. The decision of the arbitrator shall be a final and binding resolution of the disagreement, which may be entered as a judgment by any court of competent jurisdiction. Neither party shall sue the other where the basis of the suit is this agreement other than for enforcement of the arbitrator’s decision. In not event shall either party be liable to the other for indirect, special or consequential damages or loss of anticipated profits.