Terms and Conditions
This Terms of Usage Agreement (“Agreement”) constitutes a valid, binding contract between you and Universal Pest Solutions, LP, a Texas limited partnership company (“Universal Pest Solutions”), the owner and operator of the site, with respect to the use of this website (the “Site”). YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. PLEASE READ THIS AGREEMENT CAREFULLY AS IT FORMS A BINDING CONTRACT BETWEEN YOU AND UNIVERSAL PEST SOLUTIONS. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Use of Contents
You may use the Site only for your or your entity’s internal general business purposes. The information provided in the Site is provided only in connection with the marketing efforts of Universal Pest Solutions and is not to be used to seek similar opportunities from competitive suppliers or in competition with Universal Pest Solutions. No information obtained by you through this Site shall create any warranty not expressly in any future agreement which may be entered into between you and Universal Pest Solutions. You shall access or use the Site and its content only to gather information and shall not access or use the Site or its content for other than the allowed purposes of the Site. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from Universal Pest Solutions.
Use of Site
Your use of the Site is at the sole discretion of Universal Pest Solutions, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
Links to Other Sites
The Site may contain links to third party websites. Such third party websites are not under the control of Universal Pest Solutions. Please note that Universal Pest Solutions is not responsible for the accuracy or content of websites of other providers that may have links from this Site.
If you decide to access linked third party websites, you do so at your own risk.
Linking to this Site; Framing
You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with all applicable laws:
- You may link to but not replicate Universal Pest Solutions content.
- Do not present the link to Universal Pest Solutions’ site in any way that suggests that Universal Pest Solutions has any relationship or affiliation with your site or endorses your site, products or services.
- You should not present false information about Universal Pest Solutions products or services.
- Your site should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
- Unless we enter into a specific written agreement with you, you may not use any of Universal Pest Solutions’ names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to the Universal Pest Solutions site using the plain text name of Universal Pest Solutions.
- Do not use any of Universal Pest Solutions’ names, logos, designs, slogans, product trademark or service marks or any other words or codes identifying Universal Pest Solutions’ web site in any “metatag” or other information used by search engines or other information location tools to identify and select sites.
- Your link must be to the current Site only. In permitting linking, Universal Pest Solutions does not grant you the right to reproduce, modify, cache or archive the Site’s content for any purpose
You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Site) without prior express written consent. You should not create a border environment around Universal Pest Solutions content.
Disclaimer of Warranties
The information on this Site, including text, images, and links, are PROVIDED “AS IS” BY UNIVERSAL PEST SOLUTIONS SOLELY AS A CONVENIENCE TO ITS CUSTOMERS WITHOUT WARRANTY OF ANY KIND. Universal Pest Solutions assumes no responsibility for errors or omissions in this Site or other documents which are referenced by or linked to this Site. This Site could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Contact Universal Pest Solutions for further information before relying on any information contained herein. You are solely responsible for evaluating our products, with a view to their suitability for the intended processes and purposes. Should you require any advice or instructions concerning our products or services, please contact us directly.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- UNIVERSAL PEST SOLUTIONS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
- UNIVERSAL PEST SOLUTIONS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIVERSAL PEST SOLUTIONS OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- UNIVERSAL PEST SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, THE PRODUCTS, UNIVERSAL PEST SOLUTIONS’ EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. UNIVERSAL PEST SOLUTIONS MAKES NO WARRANTY THAT:
- YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
- THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER UNIVERSAL PEST SOLUTIONS AND ITS AFFILIATES, NOR THIRD PARTIES INVOLVED IN THE WRITING, PRODUCTION OR TRANSMISSION OF THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNIVERSAL PEST SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- THE FACT THAT YOU HAVE RELIED ON INFORMATION GIVEN ON THIS SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, UNIVERSAL PEST SOLUTIONS’ AND ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST UNIVERSAL PEST SOLUTIONS ARISING OUT OF THE USE OF THE SITE.
UNIVERSAL PEST SOLUTIONS SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
- Universal Pest Solutions grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site.
- Universal Pest Solutions, our product names and other logos and other trademarks, service marks, labels, product names and service names used on the Site (collectively, the “Marks”) are owned or licensed by Universal Pest Solutions. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Universal Pest Solutions. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Universal Pest Solutions.
- The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site associated therewith, are Copyright © 2008, Universal Pest Solutions, L.L.C. All rights reserved.
- Should you choose to send comments, questions, suggestions, ideas or the like relating to this Site or Universal Pest Solutions products and services, you agree that such information shall be deemed as non-confidential and Universal Pest Solutions shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.
Universal Pest Solutions may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
The failure by Universal Pest Solutions to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
This Agreement constitutes the entire agreement between you and Universal Pest Solutions with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. If you are a customer of Universal Pest Solutions who has a written agreement with Universal Pest Solutions, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with Universal Pest Solutions.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
This Site (excluding linked sites) is controlled by Universal Pest Solutions from its offices within the State of Texas, United States of America. This Agreement, the entire relationship between you and Universal Pest Solutions, and any litigation or other legal proceeding between you and Universal Pest Solutions (whether grounded in tort, contract, statute, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
This contract is fully performable in Dallas County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Universal Pest Solutions may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
If you have a comment, question or request, or if you need to contact Universal Pest Solutions for any other reason, there are four easy ways to do so.
- E-mail: You can contact us by email at firstname.lastname@example.org.
- Telephone Number: You may call us at 1-888-9NO-BITE.
- U.S. Mail: Send mail to:
Universal Pest Solutions
5950 Berkshire Lane, Suite 400
Dallas, TX 75225