AGREEMENT BETWEEN USER AND SCOPAT INTERNATIONAL, LLC DBA PEST FREE USA

The Pest Free USA Web Site is comprised of various Web pages operated by Pest Free USA.

Access to the Pest Free USA website is provided on the condition that you accept, without alteration, all terms, conditions, and notices stated herein. By using the Pest Free USA website, you acknowledge and agree to these terms, conditions, and notices.

MODIFICATION OF THESE TERMS AND CONDITIONS OF USE

Pest Free USA reserves the right to change the terms, conditions, amendments, and notices under which the Pest Free USA website is offered, including but not limited to the charges and associated fees with the use of the Pest Free USA website. Any changes to the terms, conditions, amendments and notices will take effect immediately upon being posting on the Pest Free USA website. Continued use of the Pest Free USA website after such modifications are posted will constitute acceptance of the revised Agreement.

LINKS TO THIRD PARTY SITES

NO UNLAWFUL OR PROHIBITED USE

As a condition of accessing the Pest Free USA website, you represent and warrant to Pest Free USA that you will refrain from using the Pest Free USA website for any unlawful purposes or any purposes prohibited by these terms, conditions, and notices. It is strictly prohibited to use the Pest Free USA website in any way that could harm, disable, overburden, or impair the site, or disrupt the use and enjoyment of the website by others. Furthermore, you must not attempt to obtain materials or information through methods that are not intentionally made available or provided through the Pest Free USA website. Any attempt to circumvent these intentional provisions is strictly forbidden and could lead to legal consequences, security risks, or loss of access to the website.

USE OF COMMUNICATION SERVICES

The Pest Free USA website may offer bulletin board services, chat areas, newsgroups, forums, blogs, communities, personal web pages, calendars, and/or other messaging or communication tools designed to facilitate interaction with the public or specific groups (collectively referred to as “Communication Services”). Users agree to use these Communication Services solely for posting, sending, and receiving messages and materials that are appropriate and relevant to the Communication Service. For example, but not limited to, when utilizing a Communication Service, users agree not to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

MATERIALS PROVIDED TO PEST FREE USA OR POSTED AT ANY PEST FREE USA WEB SITE

Pest Free USA does not assert ownership over any materials that you provide to Pest Free USA (including feedback and suggestions), or those you post, upload, input, or submit to any Pest Free USA website or its associated services (collectively referred to as “Submissions”). By posting, uploading, inputting, providing, or submitting your Submission, you grant Pest Free USA, its affiliated companies, and necessary sublicensees permission to utilize your Submission in connection with the operation of their internet businesses. This includes, but is not limited to, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, as well as to publish your name in association with your Submission.

By submitting Content, you represent that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old, or if under 18, at least 13 years old and your submission is made with the supervision of a parent or legal guardian who agrees to and is bound by this Agreement; (3) any Content provided does not violate this Agreement and does not harm any person or entity; and (4) submissions to the Pest Free USA website grant, or confirm that the owner has granted, Pest Free USA a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media now known or developed in the future. Pest Free USA may sublicense these rights through multiple tiers of sublicensees. Content should not be submitted unless you wish to grant this license. Pest Free USA is not obligated (a) to keep any Content confidential; (b) to pay for any Content; or (c) to respond to any user Content. Pest Free USA reserves the right to use the name you provide with any Content.

No compensation is offered for the use of your Submission as described herein. Pest Free USA retains the right to choose whether or not to post or use any Submission you provide and may remove any Submission at any time at its sole discretion, without obligation.

By posting, uploading, inputting, providing, or submitting your Submission, you represent and warrant that you possess or otherwise have control over all relevant rights to your Submission as outlined in this section. This includes, without limitation, all rights necessary for you to provide, post, upload, input, or submit the Submission.

ORDER ACCEPTANCE AND BILLING

All billing information submitted must be accurate and truthful. Providing false or incorrect details is considered a violation of this Agreement and may result in the cancellation of your order. Prior to order acceptance, additional information may be requested from you as needed. We reserve the right to refuse or cancel any order for reasons such as quantity limitations, inaccuracies or errors in product or pricing information, or issues identified by our credit and fraud prevention department. If your order is canceled after your payment account has been charged, a credit will be issued to your payment account for the amount charged. You will be notified if your order, or any part of it, is canceled or if further information is required to process your order. Pest Free USA may seek a pre-authorization for select online orders placed with a credit or debit card. This pre-authorization does not result in a charge; however, your card issuer may temporarily hold these funds. The length of time for which the pre-authorization is held is determined by your card issuer. This procedure ensures the validity of your card details and confirms sufficient funds to complete the transaction.

By completing your purchase at the conclusion of the checkout process, you acknowledge your agreement to accept and remit payment for the selected item(s).

Pest Free USA reserves the right to limit the quantity of items purchased by each individual, household, or order for any reason. Such restrictions may apply to orders placed under the same account, credit card, or those utilizing identical billing or shipping addresses. Should these limits be enacted, customers will receive notification accordingly. Pest Free USA further reserves the right, at its sole discretion, to restrict sales to dealers or resellers. For the purpose of this Agreement, “reselling” refers to the purchase or intended purchase of any product(s) from Pest Free USA with the intent to engage in commercial sales of those same product(s) to third parties.

PRICING INFORMATION

Promotional Codes have usage limitations and may expire or be discontinued at any time, with or without notice. These codes are not valid where prohibited by law. Promotional Codes cannot be copied, sold, or otherwise distributed. They are not redeemable for cash and may be cancelled or changed at any time for any reason.

PROMOTIONAL CODES

Promotional Codes are limited in nature and may expire or discontinue with or without notice. Promotional Codes are void where prohibited by Law. Promotional Codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

SHIPPING AND DELIVERY

Pest Free USA is committed to ensuring prompt processing and dispatch of your order. Typically, orders are shipped within 24 hours of placement, excluding holidays, weekends, special events, staffing circumstances, or weather-related disruptions. Special orders may require additional processing time depending on inventory availability. Most shipments from Pest Free USA are delivered via USPS or other carriers within the contiguous United States.* Items that are overweight, oversized, or classified as special orders may incur supplementary freight charges. While we aim to maintain accurate shipping rates on our website, certain products may be subject to modified freight costs; should this occur, Pest Free USA will contact you to discuss any cost differences or to arrange an alternative shipping method if necessary. *Please refer to International Shipping for details regarding destinations outside the U.S. and the Lower 48 States.

Orders received before 11:00 AM Mountain Time, Monday through Friday, are generally processed on the same business day (excluding public holidays and other events outlined above). Orders received after 11:00 AM Mountain Time, Monday through Friday, are typically processed the next business day (for example, orders placed after 11:00 AM Mountain Time on Friday will usually be processed the following Monday “if” a normal working business day). Once an order is processed, assigned a tracking number, and dispatched, responsibility for shipping time and estimated delivery rests with the selected courier. Customers acknowledge that Pest Free USA is not liable for lost, delayed, damaged, or destroyed packages once handed over to the courier.

NORMAL SHIPPING METHODS AND ESTIMATED SHIPPING TIMES

USPS Priority Mail – 1 – 3 Business Days* (except weekends & public holidays) – *as quoted on USPS.com

USPS First-Class Mail Small Packages – 1 – 3 Business Days* (except weekends & public holidays) – *as quoted on USPS.com

USPS Ground  – 2 to 8 Business Days* from ship date (except weekends & public holidays) – *as quoted on USPS.com

International Shipping – Varies from 5 Business Days to 2 Weeks (or longer) from ship date (except weekends & public holidays)

INTERNATIONAL SHIPPING

International shipments refer to orders delivered outside the contiguous 48 United States. Such shipments require a shipping quote and customer approval of the shipping charges prior to dispatch. Pest Free USA reserves the right to cancel any order and provide a full refund if the destination is beyond our standard service area. Customers are responsible for all duties, taxes, and fees associated with international deliveries; any outstanding charges will be billed to the customer and are non-refundable. By completing your purchase with Pest Free USA, you acknowledge and accept this policy.

RETURNS AND REFUNDS

PLUG IN Pest Free includes a 60-Day Money Back Guarantee* from the date of purchase. If you are dissatisfied with your PLUG IN Pest Free purchase, you may return it, accompanied with proof of purchase, to the original place of purchase within 60 days. For online purchases made through our website, customers are responsible for return shipping to Pest Free USA, as well as obtaining insurance and tracking to confirm delivery. Pest Free USA shall not be held liable for any compensation due to items lost in transit; responsibility for such loss’s rests solely with the customer.

If your purchase was made through an authorized retailer or distributor, returned items must be accompanied by proof of purchase and sent back to the original place of purchase. Returns submitted outside the 60-Day Money Back Guarantee* period but within 12 months from the date of purchase may be eligible for a pro-rata refund if purchased from Pest Free USA at the sole discretion of Pest Free USA. Returns received after 12 months from the date of purchase will not qualify for any refund.

Prior to returning any item for a refund or warranty service, customers must contact Pest Free USA (or their original place of purchase) to obtain the current return address and relevant instructions. At present, returns and warranty claims for goods purchased from Pest Free USA should be directed to: Pest Free USA, C/- CFC, 4040 Holly Street, Unit 20, Denver CO 80216.

*All returns must include the original proof of purchase and be presented in their original packaging. Returned items should be free from tampering, scuff marks, damage, or any intentional alteration. Please note that products found to be damaged or intentionally tampered with will void all warranty coverage and will not be eligible for a refund.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE ON THE PEST FREE USA WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. UPDATES ARE PERIODICALLY MADE TO THE INFORMATION PROVIDED. PEST FREE USA AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AT ANY TIME. ADVICE OBTAINED THROUGH THE PEST FREE USA WEBSITE SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL ADVICE REGARDING PERSONAL, MEDICAL, LEGAL, OR FINANCIAL MATTERS, AND IT IS RECOMMENDED TO CONSULT AN APPROPRIATE PROFESSIONAL FOR GUIDANCE TAILORED TO YOUR SITUATION.

PEST FREE USA AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS PRESENTED ON THE PEST FREE USA WEBSITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEST FREE USA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PEST FREE USA AND ITS SUPPLIERS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND—INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS—ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR PERFORMANCE OF THE PEST FREE USA WEBSITE. THIS INCLUDES LIMITATIONS ARISING FROM DELAYS OR INABILITY TO ACCESS THE WEBSITE OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR RELIANCE ON INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PEST FREE USA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. AS CERTAIN STATES OR JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. SHOULD YOU BE DISSATISFIED WITH ANY ASPECT OF THE PEST FREE USA WEBSITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

TERMINATION/ACCESS RESTRICTION

Pest Free USA may terminate your access to its website and related services at any time without notice, at its discretion. This agreement is governed by laws of the State of Florida, USA to the fullest extent permitted, with jurisdiction and venue located in Miami-Dade County, Forida, U.S.A. Use of the Pest Free USA website is not allowed in jurisdictions that do not honor these terms. The agreement does not create any joint venture, partnership, employment, or agency relationship between the user and Pest Free USA. Pest Free USA will comply with legal requirements, including those from government and law enforcement regarding site use and provided information. If any part of the agreement is found invalid or unenforceable under applicable law, it will be replaced by a valid provision that closely reflects the original intent; all other sections remain effective. Unless stated otherwise, this agreement represents the full understanding between Pest Free USA and the user regarding the website and replaces previous communications. Printed versions of this agreement and electronic notices are admissible in court or administrative proceedings as business records. Both parties expressly agree that this agreement and related documents shall be written in English.

INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, and other intellectual property—encompassing page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, video clips, written materials, and additional content (collectively referred to as “IP”)—are owned, controlled, or licensed by Pest Free USA, its affiliates, or third parties who have granted licenses to Pest Free USA. These assets are protected under U.S. and international trademark and copyright laws.

Users may access, view, download, and print IP and other materials displayed on the Pest Free USA website strictly for personal, non-commercial use, provided that they (1) retain all copyright, trademark, or other proprietary notices with all the IP; (2) do not modify or alter any IP; and (3) refrain from providing or distributing the IP to third parties for commercial purposes. No license, right, title, or interest in any material or software is granted through the use of the Pest Free USA website or by accessing, viewing, downloading, or printing the IP.

Reproduction (except as described above), publishing, transmission, distribution, display, modification, creation of derivative works, sale, or exploitation of the IP, the Pest Free USA website, or related software, in whole or in part, is strictly prohibited. All software available on the Pest Free USA website is the property of Pest Free USA or its suppliers and is protected by U.S. and international trademark and copyright laws. The IP and software on this site are intended solely as a shopping resource; any other use—including reproduction, modification, distribution, transmission, republication, display, or performance of the IP—is expressly forbidden. Furthermore, the compilation, arrangement, and assembly of all IP on the Pest Free USA website constitutes exclusive property of Pest Free USA and is likewise protected by applicable U.S. and international trademark and copyright laws.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

This website and its content are owned by Pest Free USA and its affiliates and licensors, and are protected under United States copyright law, trademark law, international conventions, and other intellectual property laws. Pest Free and PLUG IN Pest Free are trademarks or registered trademarks of Pest Free USA in the United States and certain countries. All Pest Free USA product names and logos are trademarks or registered trademarks of Pest Free USA and Pest Free Australia Pty. Ltd. Other company and product names and logos mentioned may be trademarks or registered trademarks of their respective owners in certain countries.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT