Website Terms and Conditions (for Consumers of Services)
Last Updated June 15, 2019
The SimplyPest Website
The website at www.simplypest.com (the “Website”) is owned and controlled by Pestroutes OpCo, LLC (d/b/a SimplyPest) (“SimplyPest,” “we,” “us” or “our”). This Website is intended to provide a quick and easy way for you to find, research and hire a pest control service provider (“Service Provider”) that advertises and sells their pest control services (the “Services”) through our Website. The goal is to connect consumers like you with a Service Provider you select, who then will directly communicate with you regarding their availability and agreement to provide their Services directly to you. SimplyPest is merely a conduit for ordering those Services. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content and/or Services.
Acceptance of Terms and Conditions
These Website Terms and Conditions (“Terms and Conditions”) constitute a binding agreement regarding the use of our Website between SimplyPest and you ("you," "your" or “Consumer”) and will be effective when you select a service agreement with a Service Provider and click that you agree to these Website Terms and Conditions. If you will be using the Website on behalf of an organization, you consent to this Agreement on behalf of that organization and represent and warrant that you have the authority to do so. You may not access or use the Website or order Services from a Service Provider if you are under 18 years of age.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
The Website provides a list of Service Providers and their profiles and may include independent third-party reviews (or consumer reviews) of the Service Providers. Service Providers are independent businesses that are not supervised or certified in any way by SimplyPest. When you select a service agreement with a Service Provider, you will enter into a service contract directly between you and the Service Provider (the “Service Contract”). You acknowledge and agree that the applicable Service Provider shall be solely responsible for the provision of Services and sale of any related goods that you order, and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the Services.
SimplyPest does not endorse and is not responsible or liable for any Service Provider or their services, or for any content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that SimplyPest is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them. You hereby waive the right to bring or assert any claim against SimplyPest relating to any interactions or dealings with any Service Provider, and release SimplyPest from any and all liability for or relating to any interactions or dealings with Service Providers. You are responsible for determining whether a Service Provider is appropriate for your needs before hiring or engaging a Service Provider.
SimplyPest Is Not a Service Provider, Merchant of Record, or General Contractor
SimplyPest is not the Service Provider, is not in the business of providing the Services or selling any related goods and is not responsible in any way for the provision of Services or sale of goods offered by such Service Provider or Service Contract. SimplyPest is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable Service Provider for the facilitation of Services or sale of goods relating to the Service Contract. SimplyPest is merely operating the Website that helps connect you with the Service Provider interested in your project.
Information you provide to us/TCPA consent
Your Use of the Website
In connection with your use of the Website, you represent and warrant that:
Publication and Distribution of Content
- you are above the age of eighteen (18);
- you will abide by these Terms and Conditions and all applicable local, state, national or international laws;
- all information you provide (including but not limited to your contact information, and any ratings and reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge;
- you will not submit any content that may be considered by SimplyPest to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- you will provide Service Providers with accurate and detailed information sufficient for them to understand the work you would like to have completed;
- you will not submit content that comments on other Service Providers or Consumers;
- you will not use the Website in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- you will not reproduce, duplicate, copy, modify, sell, re-sell or exploit the Website or Website Content for any commercial, educational or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions;
- you will not post (through our "Contact Us" page or our "Sign Up" page for subscriptions), any irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
- you will not harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with SimplyPest, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- you will not knowingly provide or submit false or misleading information;
- you will not take any action that would undermine the review and rating process under the Website;
- you will not use the Website in any way that could interfere with the rights of SimplyPest or the rights of other users of the Website;
- you will not attempt to gain unauthorized access to the Website, other user accounts, any portion or feature of the Website, or any other systems or networks connected to the Website or to any server used by SimplyPest by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Website user;
- you will not transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website;
- you will not access, download, monitor, or copy any information contained on our Website through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Website;
- you will not probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website; and
- you will not reverse look-up, trace or seek to trace any information on any other user of the Website, or any other customer of SimplyPest, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by SimplyPest and provided for by the Website.
SimplyPest does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Website. You acknowledge that SimplyPest simply acts as a passive conduit for the publication and distribution of content posted by you, a Service Provider or a third-party. You understand that all content posted on, transmitted through, or linked through the Website, is the sole responsibility of the person from whom such content originated. You understand that SimplyPest does not control and is not responsible for content available through the Website, and that by using the Website, you may be exposed to content that is inaccurate, misleading, or offensive. The website content does not reflect the views of SimplyPest, its officers, managers, owners, employees, agents, designees or other users. You further acknowledge that SimplyPest has no obligation to screen, preview, monitor or approve any content published by you, any Service Provider, or a third party. However, SimplyPest reserves the right to review and delete any content that, in its sole judgment, violates these Terms and Conditions.
License of Your Content
You grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Website and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing.
Modification, Limitation, and Discontinuance of Website
SimplyPest reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Website. You agree that SimplyPest will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Website. You agree that SimplyPest may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Website.
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for SimplyPest to pursue legal action to enforce these Terms and Conditions, SimplyPest may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of these Terms and Conditions; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of these Terms and Conditions.
SimplyPest appreciates hearing from you and welcomes your comments regarding the Website and any other SimplyPest product, program, or service, and reviews of Service Providers. Any submissions will be the property of SimplyPest. In addition, none of the Submissions will be subject to any obligations of confidentiality and SimplyPest will not be liable for any future use or disclosure of such Submissions.
You acknowledge and agree that all content and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of SimplyPest or its licensees and are protected by all United States and international copyright laws.
CONSUMER ACCEPTS THE WEBSITE “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
For purposes of this section titled "Warranty Disclaimers," all references to SimplyPest include its predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates and assigns and its past, present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns and successors in interest, and all persons acting by, through, under or in concert with it.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) SIMPLYPEST DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (B) SIMPLYPEST DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CONSUMER DATA WILL REMAIN PRIVATE OR SECURE; (C) SIMPLYPEST ASSUMES NO RESPONSIBILITY FOR ANY CONTENT ON THE WEBSITE, ADVERTISEMENT OR SERVICE PROVIDER SERVICES; (D) SIMPLYPEST AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE WEBSITE; AND (E) SIMPLYPEST MAKES NO REPRESENTATION OR WARRANTY THAT SIMPLYPEST WILL ISSUE UPDATES OR ENHANCEMENTS TO THE WEBSITE. YOU AGREE THAT YOUR USE OF SERVICE PROVIDERS AND THEIR SERVICES IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SIMPLYPEST IS A PASSIVE CONDUIT FOR THE CONTENT ON ITS WEBSITE AND FOR ANY INFORMATION ABOUT SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT SIMPLYPEST SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE SERVICE PROVIDER'S SERVICES. YOU HEREBY RELEASE SPIMLYPEST FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE SERVICE PROVIDER'S SERVICES.
LIMITATION OF LIABILITY
CONSUMER AGREES THAT SIMPLYPEST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OR CORRUPTION OF DATA, LOSS OF REVENUES, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, PROCUREMENT OF SUBSTITUTE SERVICES, OR INTERRUPTION TO BUSINESS OR WASTED ADMINISTRATIVE TIME. TO THE EXTENT ALLOWED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SIMPLYPEST (WHICH INCLUDES, COLLECTIVELY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES AND LICENSORS) SHALL NOT EXCEED THE GREATER OF: (I) THE FEES PAID OR OWED BY CONSUMER TO SIMPLYPEST DURING THE NINE (9) MONTHS BEFORE THE LAST EVENT THAT GAVE RISE TO CONSUMER’S CLAIM OR (II) $100.00. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIMS ARE CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF SIMPLYPEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FOR THE AVOIDANCE OF DOUBT, SIMPLYPEST’S LIABILITY LIMITS AND OTHER RIGHTS SET FORTH IN THIS DISCLAIMERS AND LIMITATION OF LIABILITY SECTION APPLY LIKEWISE TO CONSUMER’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, THE ABOVE DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
All notices from one party to the other under this Agreement will be in writing and will be deemed given when (i) delivered personally with receipt signature; (ii) sent via certified mail with return receipt requested; (iii) sent via email or fax with confirmation of receipt; or (iv) sent by commercially recognized air courier service with receipt signature required, to the addresses set forth in the Proposal or to such other address as a party may indicate in written notice to the other.
Governing Law and Time Limitations for Claims
The Website, these Terms and Conditions, and your relationship with SimplyPest shall be governed by the laws of the State of Delaware, notwithstanding the choice of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action you bring arising out or related to your use of the Website, these Terms and Conditions, or your relationship with SimplyPest shall be filed no later than one (1) year after such claim or cause of action arose or will forever be barred.