If you become a customer of a Service Provider by purchasing or using a Service Provider’s products or services, your purchase or use of those products or services will be governed by any terms and conditions agreed upon by you and the applicable Service Provider.
Using our Site
Subject to these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use our Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Site, in the manner permitted by these Terms.
Do not attempt to reverse engineer any portion of our Site, or use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of our Site or any content on our Site. Do not access, retrieve or index any portion of our Site for purposes of constructing or populating a searchable database of business reviews, or reformat or frame any portion of our Site. Do not attempt to gain unauthorized access to our Site, user accounts, computer systems or networks connected to our Site through hacking, password mining or any other means, or record, process, or mine information about other users. Do not use our Site or any content on our Site to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature. Do not use any device, software or routine that interferes with the proper working of our Site, or in any other manner attempt to interfere with the proper working of our Site, including taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of our Site. The restrictions above only apply to the extent permissible under applicable law, however, you agree not to act contrary to them (even if permissible under applicable law) without our prior written consent.
You understand that we own all content that we have created and made available on our Site, and that using our Site does not give you ownership of any intellectual property rights in our Site or the content you access on our Site. You may not copy, modify, create derivative works from, or otherwise use content from our Site, including any copyrights, trademarks, logos, service marks, trade names, or other intellectual property rights, unless you obtain written permission from us, or as otherwise permitted by law. Don’t remove, obscure, or alter any legal notices displayed in or along with our Site.
Our Site may display some content that has not been created by us. Such content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, that does not necessarily mean that we review content and we do not make any representations or warranties regarding any content on our Site that may have been supplied by third parties. Our Site may contain links that will let you access other websites that are not under our control. Such links are only provided as a convenience and we do not endorse any of these sites. We assume no responsibility or liability for any material that may accessed on other websites reached through our Site, nor do we make any representation or warranty regarding the quality of any product or service contained at any such site.
Some software used in our Site may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly supercede some of these Terms.
Submitting Contact Information, Reviews and Other Content
Some of the services and features available through our Site may require that you register and/or request that you provide your contact information and other related information. As a condition of your use of our Site and its services and features, you agree to provide true, accurate, current and complete information, and to update and maintain the truthfulness, accuracy and completeness of the information you provide. You give us (and those we work with) an unrestricted, irrevocable, world-wide, royalty-free right to use, host, store, communicate and distribute the information you provide. The rights you grant in this license are for the limited purpose of connecting you with Service Providers, including providing your information to Service Providers and enabling us and Service Providers to send you certain communications. You can opt-out of non-essential communications by selecting the unsubscribe link within such communications.
If you submit reviews or ratings of Service Providers on our Site, you are solely responsible for such reviews and ratings. You agree that all of your reviews and ratings will be accurate, honest, truthful, and complete in all respects, and will be based upon your actual first-hand experiences with the Service Providers you are reviewing. You agree not to: (a) submit reviews that may be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory or otherwise objectionable, or that violate any relevant law or right of any other party; (b) submit reviews or ratings for any Service Provider for which you work, own any interest, or serve on the board of directors, or to which you are related (by blood, adoption or marriage, if the Service Provider is an individual); (c) receive any form of compensation to post reviews or ratings; (d) submit reviews that comment on the reviews of others; or (e) submit reviews with links.
You agree that we may establish general practices, policies and limits, which may or may not be published, concerning the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent, and the length of reviews and ratings. We may, in our sole discretion, choose to remove or not to remove reviews and ratings once published. You agree that we have no responsibility or liability for the removal or failure to store any reviews, ratings or other information maintained or transmitted by or through our Site. You agree that we have the right to change these general practices, policies and limits at any time, in our sole discretion, with or without notice. The reviews and ratings that you provide do not reflect the views of FindAPestPro.com or its provider, or any of their officers, managers, owners, employees, agents, designees or other users.
If you submit feedback or suggestions about our Site or the service(s) that our Site provides, we will be under no obligation to keep such information confidential, and we will have an unrestricted, irrevocable, world-wide, royalty-free right to use, host, store, communicate, reproduce, modify, publish, display, distribute, make derivative works from and otherwise exploit such information.
If our Site allows you to upload, submit, store, send or receive content other than the types discussed above, you retain ownership of any intellectual property rights that you hold in that content. We reserve the right to remove, screen, edit, or reinstate any such content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of any such content, nor do we guarantee any confidentiality with respect to your access to our Site, unless expressly stated otherwise. You give us (and those we work with) an unrestricted, irrevocable, world-wide, royalty-free right to use, host, store, communicate, reproduce, modify, publish, display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Site, and to develop new sites. This license continues even if you stop using our Site.
No Responsibility for Service Providers
We do not endorse and are not responsible or liable for any content, reviews, data, advertising, products or services available or unavailable from or through any Service Provider. You agree that should you use or rely on any such content, reviews, data, advertising, products or services available or unavailable from or through any Service Provider, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and the Service Provider exclusively and do not involve us. You should make whatever investigation or consider whatever other resources that you deem necessary or appropriate before hiring or engaging a Service Provider.
Service Providers may link or otherwise direct Internet users to our Site. Additionally, we may provide links or otherwise direct you to Service Provider websites. Any information you provide to Service Provider websites while on those websites is subject to the respective policies of those Service Providers, and not our policies. It is your responsibility to review the Service Provider’s policies, including any relevant privacy policies. You agree that we will not be responsible or liable for, and do not endorse any content, advertising, goods or services provided on or through any Service Provider websites or for your use or inability to use those websites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any Service Provider. You use Service Providers at your own risk.
You agree that we are not responsible for your interactions or dealings with Service Providers. You waive the right to bring or assert any claim against us relating to any interactions or dealings with Service Providers, and you release us from any and all liability for or relating to any interactions or dealings with Service Providers.
Without limiting the foregoing, your business dealings with, purchase or use of products or services of, or participation in promotions of, Service Providers found on or through the use of our Site, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the applicable Service Provider. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Service Providers on our Site.
It is our policy to respond to clear notices of alleged trademark infringement and copyright infringement that comply with applicable law, including but not limited to the U.S. Digital Millennium Copyright Act. If you are a trademark or the copyright owner and you believe that any content hosted on our Site infringes your trademark or copyright, then you may submit a notification of such claim by providing us with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- a description of the copyrighted work or trademark that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Site, such as by providing us the URLs to the content;
- your address, telephone number, and email address;
- the federal trademark or copyright registration number, as applicable;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the trademark or copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark or copyright owner or authorized to act on the trademark or copyright owner’s behalf.
Notices of claims of copyright infringement should be made by email to: [email protected].
Notice for California Users
Under California Civil Code Section 1789.3, California web users are entitled to the following consumer rights notice: Our Site and the service(s) that our Site provides are provided by WorkWave LLC, 101 Crawfords Corner Road, Suite 2511-W, Holmdel, New Jersey 07733. If you have any questions, concerns, or complaints regarding our Site or the service(s) that our Site provides, please contact us by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to FindAPestPro.com, 101 Crawfords Corner Road, Suite 2511-W, Holmdel, New Jersey 07733, Attn: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Disclaimers and Limitations of Liability
YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY THIRD-PARTY THAT MAY HAVE CONTRIBUTED TO OUR SITE MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT OUR SITE. FOR EXAMPLE, WE DON’T MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT WITHIN OUR SITE, THE SPECIFIC FUNCTIONS OF OUR SITE, THE SERVICE(S) THAT OUR SITE PROVIDES, OR THAT OUR SITE WILL BE AVAILABLE OR WILL MEET YOUR NEEDS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS OR INTERRUPTIONS IN THE USE OF OUR SITE. WE PROVIDE OUR SITE “AS IS”. WE ALSO DISCLAIM AND EXCLUDE ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO OR USE OUR SITE; HOW YOU MAY INTERPRET OR USE THE CONTENT, REVIEWS OR OTHER INFORMATION ON OR IN CONNECTION WITH OUR SITE; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT, REVIEWS OR OTHER INFORMATION ON OR IN CONNECTION WITH OUR SITE. YOU RELEASE US FROM ALL LIABILITY FROM ANY EFFECTS THE CONTENT, REVIEWS OR OTHER INFORMATION ON OR IN CONNECTION WITH OUR SITE MAY HAVE ON YOU.
YOU FURTHER UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY THIRD-PARTY THAT MAY HAVE CONTRIBUTED TO OUR SITE, WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, DIMINUTION IN VALUE, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF YOUR USE OF OUR SITE OR THE SERVICE(S) THAT OUR SITE PROVIDES.
YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE RESULTING FROM OR ARISING OUT OF YOUR USE OF OUR SITE OR THE SERVICE(S) THAT OUR SITE PROVIDES MUST BE FILED WITHIN TWELVE MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED. YOU AGREE THAT OUR ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS SHALL BE LIMITED, IN THE AGGREGATE, TO $100.00.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You accept (or if you are using our Site on behalf of a business, that business accepts) these Terms, and hold harmless and indemnify us and our affiliates, officers, directors, employees, and our successors and assigns, from any claim, suit or action arising from or related to the use of our Site or the service(s) that our Site provides, violation of any rights of a third-party, any content, reviews or other information you may submit, post, transmit, or make available through our Site, or any violation of law or these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments and litigation costs, including reasonable attorneys’ fees and expenses.
Our Site is provided and available only to entities and persons over the age of legal majority who can form legally binding agreements under applicable law. By using our Site, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms; (b) you are 18 years of age or older; and (c) your access to and use of our Site is subject to all applicable international, federal, state and local laws and regulations and you agree not to use our Site in any way that violates such laws or regulations. Use of our Site is void where prohibited. You hereby warrant that if you are acting on behalf of a corporation or other legal entity, such entity is validly formed and existing under the laws of its jurisdiction and you have the requisite authority to enter into these Terms on behalf of such corporation or entity.
We regularly change and improve our Site. We may add or remove content, links, features or functionality at any time. Our Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
These Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you without our consent shall violate these Terms and be void.
Any failure on our part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
The laws of the State of Delaware, U.S.A., excluding Delaware’s conflicts of laws rules, will apply to any disputes arising out of or relating to these Terms or our Site. All claims arising out of or relating to these Terms or our Site will be litigated exclusively in the federal or state courts located in the City of New York, New York, USA, and you consent to personal jurisdiction in those courts.
This Site is provided by WorkWave LLC.
Last modified date: March 1, 2021