TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE

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.

The Pest Free USA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Pest Free USA Web Site constitutes your agreement to all such 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 Web Site is offered, including but not limited to the charges associated with the use of the Pest Free USA Web Site. Any changes to the terms, conditions, amendments and notices will become effective immediately upon their posting to the Pest Free USA Web Site. By continuing to use any of the Pest Free USA Web Site after we post any such changes to the terms, conditions, amendments and notices, you accept the Agreement, as modified.

LINKS TO THIRD PARTY SITES

The Pest Free USA Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Pest Free USA and Pest Free USA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pest Free USA is not responsible for webcasting or any other form of transmission received from any Linked Site. Pest Free USA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pest Free USA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Pest Free USA Web Site, you warrant to Pest Free USA that you will not use the Pest Free USA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Pest Free USA Web Site in any manner which could damage, disable, overburden, or impair the Pest Free USA Web Site or interfere with any other party's use and enjoyment of the Pest Free USA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pest Free USA Web Sites.

USE OF COMMUNICATION SERVICES

The Pest Free USA Web Site may contain bulletin board services, chat areas, news groups, forums, blogs, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • 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 particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Pest Free USA has no obligation to monitor the Communication Services. However, Pest Free USA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pest Free USA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Pest Free USA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pest Free USA's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pest Free USA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pest Free USA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pest Free USA spokespersons, and their views do not necessarily reflect those of Pest Free USA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

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

Pest Free USA does not claim ownership of the materials you provide to Pest Free USA (including feedback and suggestions) or post, upload, input or submit to any Pest Free USA Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pest Free USA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity; and (4) if you make any submission to the Pest Free USA Web Site, you automatically grant, or warrant that the owner of such content has expressly granted Pest Free USA, a royalty-free, perpetual, irrevocable, world-wide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Pest Free USA may sublicense its rights through multiple tiers of sublicensees. You should not submit any Content to us that you do not wish to license to us. Pest Free USA is and shall be under no obligation (a) to maintain any Content in confidence; (b) to pay any compensation for any Content; or (c) to respond to any user Content.  You grant Pest Free USA the right to use the name that you submit in connection with any Content.

No compensation will be paid with respect to the use of your Submission, as provided herein. Pest Free USA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pest Free USA's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Pest Free USA may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).

Pest Free USA reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Pest Free USA also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Pest Free USA for the purpose of engaging in a commercial sale of that same product(s) with a third party.

PRICING INFORMATION

Pest Free USA cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Pest Free USA Web Site or through Pest Free USA appointed retailers. Pest Free USA reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Pest Free USA. Pest Free USA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Pest Free USA Web Site or from prices available at Pest Free USA appointed retailers or on Pest Free USA mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).

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 strives to get your order processed and en-route to you as quickly as possible. Our typical lead-time from order placed to shipped is 24hrs, except for Holidays & Weekends. Special orders can take longer to ship depending on stock and inventory levels. Most items shipped from Pest Free USA are normally shipped through USPS or UPS Ground to the Lower 48 States.* Some items that are overweight, larger than normal, or special order, may incur additional freight charges. We strive to maintain accurate rates on our website, but at times, certain products will have modified freight, and will incur other charges. If this occurs, Pest Free USA, when possible, will contact you to discuss the differences in costs, or arrange a different shipping method if applicable. *See International Shipping for States outside of the U.S. and Lower 48 U.S. States. Once the order has been processed, assigned a tracking number, and the package collected for shipment, the shipping time and estimated delivery date is no longer the responsibility of Pest Free USA, but that of the courier. The customer hereby holds Pest Free USA harmless to all lost and/or delayed package arrivals.

NORMAL SHIPPING METHODS AND ESTIMATED SHIPPING TIMES

UPS or FedEx 2-Day   - 2 Business Days from ship date

UPS or FedEx 3-Day   - 3 Business Days from ship date

USPS or UPS Ground  - 5 to 7 Business Days from ship date

International Shipping - Varies from 5 Business Days to 2 Weeks (or longer) from ship date

INTERNATIONAL SHIPPING

International shipments are those made outside the lower 48 United States. International shipments are subject to shipping quotes and approval from the customer of the shipping amount before we will ship the product. We reserve the right to cancel an order and issue a full refund for shipments not covered in our normally serviced area. Customers are responsible for all duties, taxes and fees for International shipments. Any uncollected fees will be charged to the customer and cannot be refunded. As our customer, you agree to this policy by purchasing with Pest Free USA.

RETURNS AND REFUNDS

Plug-In Pest Free comes with a 60 Day Money Back Guarantee* from date of purchase. If you are unhappy with your Plug-In Pest Free purchase, you may return it to your original place of purchase within 60 days. If you purchased your Plug-In Pest Free online from our Web Site, you are responsible for return shipping back to Pest Free USA along with insurance and tracking to verify it has arrived to Pest Free USA. Any returns lost in transit are the sole responsibility of the customer, and they hereby agree to hold Pest Free USA harmless to any compensation due to lost item(s) during transit. If you have purchased your Plug-In Pest Free from an authorized retailer or distributor, you must return your item(s) back to your original place of purchase accompanied with proof of purchase. Any items being returned outside of the 60 Day Money Back Guarantee period up to 12 months from date of purchase will be subject to a pro-rata refund only at the sole discrection of Pest Free USA. Any items being returned after 12 months from purchase will not be eligible for any refund amount. Before any return is sent back for a refund (or warranty), the customer is to contact Pest Free USA (or their place of purchase) first to receive the current return address and details prior. Currently the return address for returns and warranties is 4040 Holly Street, Unit 18, Denver CO 80216.

*All returns must be accompanied with original proof of purchase, original packaging and be free of tampering or damage. Any goods deemed to be damaged or deliberately tampered with will void all warranty and not be subject to any refund.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PEST FREE USA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PEST FREE USA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PEST FREE USA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE PEST FREE USA WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

PEST FREE USA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PEST FREE USA WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM 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/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEST FREE USA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PEST FREE USA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PEST FREE USA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PEST FREE USA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PEST FREE USA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PEST FREE USA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PEST FREE USA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PEST FREE USA WEB SITE.

TERMINATION/ACCESS RESTRICTION

Pest Free USA reserves the right, in its sole discretion, to terminate your access to the Pest Free USA Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Douglas County, Colorado, U.S.A. in all disputes arising out of or relating to the use of the Pest Free USA Web Site. Use of the Pest Free USA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pest Free USA as a result of this agreement or use of the Pest Free USA Web Site. Pest Free USA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pest Free USA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Pest Free USA Web Site or information provided to or gathered by Pest Free USA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pest Free USA with respect to the Pest Free USA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pest Free USA with respect to the Pest Free USA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Pest Free USA, one of its affiliates or by third parties who have licensed their materials to Pest Free USA and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Pest Free USA Web Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Pest Free USA Web Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Pest Free USA Web Site or any related software. All software used on the Pest Free USA Web Site is the property of Pest Free USA or its suppliers and protected by U.S. and international copyright Laws. The IP and software on the Pest Free USA Web Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Pest Free USA Web Site is the exclusive property of Pest Free USA and is also protected by U.S. and international copyright laws.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Pest Free USA Web Site are: Copyright 2014 by Pest Free and/or its suppliers. All rights reserved.

TRADEMARKS

This Web Site, and the information which it contains, is the property of Pest Free USA and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States Copyright Law, Trademark Law, international conventions and other intellectual property Laws. Pest Free and Plug-In Pest Free is a Trademark or a registered Trademark 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. All other company and product names and logos are Trademarks or registered Trademarks of their respective owners in certain countries.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.