Terms and Conditions

Updated July 10, 2019

The use of this website and services on this website provided by Solutions Pest & Lawn (the “Company” or “Solutions” or “Solutions Stores”) are subject to the following Terms & Conditions (the “Agreement”), all parts and sub-parts of which are specifically incorporated here. This Agreement shall govern the use of all pages on this website (“Website” or “Site”) and any services and products provided by or on this Website (“Services”), including, but not limited to, the sale and distribution of pesticides and other pest control products manufactured by third-parties and distributed by Solutions. 

The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain services on it, available to users. Solutions Pest & Lawn, Solutions, Solutions Stores, Company, Us, We, Our, Ours, and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You agree to this Agreement. 

You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age. If you are not at least 18 years of age, please exit the Site.

License to Use Website

The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

Intellectual Property

You agree that the Website and all Services provided by the Company are the property of the Company, including, but not limited to all original media, copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

a) In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in Your Content.

b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.

User Obligations

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information.

Acceptable Use

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

a) You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

Privacy Information

Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.

a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.

c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.

Consent to Communications; Acknowledgments

By entering into this Agreement you agree to receive communications from Company, which may include emails, text messages, voice calls, and push notifications (“Communications”). Voice calls and text messages (if you opt in to receive text messages) will be to the phone number you have supplied in your User Account. You agree that text messages may be made using automatic dialing systems or other automated technologies. Communications from or on behalf of Company may include but are not limited to: operational communications concerning your User Account or use of the Company’s products and platform; informational communications concerning shipping, your payment method on file, messages from your provider, and reminders to complete your User Account set-up; marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any purchase.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL), YOU CAN REPLY WITH THE WORD “STOP”. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES MAY IMPACT YOUR USE OF THE SERVICES.

You understand that you will periodically receive correspondence from Company at the email address you register in your User Account. Text message frequency varies. While correspondence sent from Company to you will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address in your User Account indicates your consent for Company to transmit your Personal Information to such address.

Assumption of Risk

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.

While it is Our intention and goal to provide an error-free Site, we do not and cannot guarantee that any content is accurate or complete, including, but not limited to, product information, such as product pricing, product specifications, and product descriptions and pictures. We do Our best to fix any errors in a timely manner. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions even after the order has been submitted and accepted. 

You acknowledge that Your use of the Site and the Services is at your own risk. Products distributed by Us through the Site are primarily pest control products and We do not warranty the safety of the Products sold on the Site. Solutions Pest & Lawn disclaims any responsibility and liability in connection with any bites, stings, diseases, injuries, and destruction of property that might occur with Your use of Our Services. Our recommendations for the use of pesticides and treatment of pests made through one of Our employees, through Our Site, or any Company IP is for general informational purposes only. Our recommendations are general and limited in nature due to having limited to zero knowledge of Your area, Your property, environmental factors, pest identity, pest population, and activity, as well as numerous other factors. You should consult the services of a licensed pest control professional in Your area for exact recommendations.

Pesticides are regulated and registered by the Environmental Protection Agency (EPA) and local state departments of agriculture. Pesticide containers always contain a pesticide label with the EPA Registration Number along with safety precautions and the exact directions to be followed to use the product. Our recommendations and advice given on Our Site, in Our stores, or in our Company IP are based on common application practices in the pest control industry and should never take the place of the pesticide label. You understand that Our recommendations do not supersede the label. In the United States, the pesticide label is the law and a legal document, and You agree to always read the label before using any pesticide product. 

Some products sold on Our Site and in stores may require that the User have special licensing, training, or registration with that User’s country, state, province, county, city, etc. We do review state and local law periodically and update the Site accordingly, but We disclaim any and all liability related to the sale and use of the products in contravention of any law, ordinance or regulation of any country, state, county, state, province or municipality. It is Your responsibility to verify that any products purchased are licensed for distribution and use in Your country, state, county, city, province or municipality. If you knowingly order product that falls outside your local regulatory approval you are liable for any penalties incurred. 

Sales

The Company may sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.

Shipping & Returns

You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. For more one Our Shipping and Return Policies, click here.

Reverse Engineering & Security

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

c) Web Scraping, Web Harvesting, Web Data Extraction or any other form of web crawling or data scraping activities performed manually or through any automated processes.

Data Loss

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk. We take reasonable security measures to protect your account data and use industry best demonstrated practices for payment information. We are PCI DSS certified for payment processing.

Indemnification

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. 

SPAM Policy

You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Third Party Links & Content

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.

Modification & Variation

The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

Service Interruptions

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

Term, Termination, & Suspension

The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

No Warranties

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

Limitation on Liability

The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

General Provisions

Language: All communications made or notices given pursuant to this Agreement shall be in the English language.

Jurisdiction, Venue, & Choice of Law: Through Your use of the Website or Services, You agree that the laws of the State of Texas shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Harris, Texas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Harris, Texas. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Texas. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted here under, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees administrators, successors, and executors.

Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.

No Waiver: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

Headings for Convenience Only: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

No Agency, Partnership, or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

Force Majeure: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

Electronic Communications Permitted: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax.