Last Updated June 17, 2019

SimplyPest helps consumers find, research and contact a variety of pest control service providers. 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”). These Terms of Use outline your obligations when visiting the Website and is a binding agreement (“Agreement”) between SimplyPest and you ("you" and "your").

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE WEBSITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THIS WEBSITE.

Service Providers

This Website provides a list of pest control service providers ("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. 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 from or through, any Service Providers. SimplyPest is not responsible for the accessibility or unavailability of any Service Provider. SimplyPest is not the Service Provider, is not in the business of providing pest control services or selling any related goods and is not responsible in any way for the provision of pest control services or sale of goods offered by such Service Provider. SimplyPest is not a merchant of record or general contractor.

Modifications to Terms and Conditions or Privacy Policy

SimplyPest may, in its sole discretion, modify these Terms of Use at any time and the modified Terms of Use will take effect when posted on the Website.

Ordering Pest Control Services

If you are a consumer seeking to research and contact a pest control service provider ("Service Provider") through our Website, you shall be subject to any click-accept agreements, posted notices, guidelines, or rules applicable to such features of our Website that may be posted on this Website from time to time, including these Terms of Use and our Privacy Policy.

Setting Up Profiles for Service Providers

If you are a Service Provider and want to create a profile on our Website, you shall be subject to any signed agreements with us, as well as posted notices, guidelines, or rules applicable to such services or features that may be posted on this Website from time to time, including these Terms of Use and our Privacy Policy.

Reviews of Service Providers on this Website

SimplyPest may, in its sole discretion, choose to remove or not to remove reviews and ratings once posted on this Website. If you are submitting reviews to us, you shall comply with our guidelines and requirements below:

• You will not submit any reviews that may be considered by SimplyPest to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable.
• All of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual.
• All of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects.
• You do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings.
• You have not received any form of compensation to post reviews and ratings.
• You will not submit reviews that comment on other users of the Website or the reviews of other users;
• You will not submit reviews with hyperlinks; and
• You agree that the reviews and ratings that you provide will not reflect the views of SimplyPest, its officers, managers, owners, employees, agents, designees or other users.

Content on this 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.

Third-Party Links

This Website may provide links or otherwise direct you to other websites of Service Providers or other third parties. SimplyPest does not control or operate any such third-party or Service-Provider websites. Any information you provide to these third-party or Service-Provider websites is subject to the respective policies of those third parties or Service Providers. SimplyPest will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites.

Visitor Conduct

Subject to full compliance with these Terms of Use, you may access and use the Website for your personal use. You shall not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Website or any of its content for any purpose except for your personal use. SimplyPest may modify, update, suspend or discontinue the Website, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice.

As a condition of your access and use of the Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by SimplyPest. By way of example, and not as a limitation, you agree:

• you will not use the Website if you are under the age of eighteen (18);
• 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 use the Website or its content for any purposes not authorized by these Terms of Use, including commercial, promotional or political purposes or any other form of solicitation;
• you will not reproduce, duplicate, copy, modify, sell, re-sell or exploit the Website or its 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, nor breach the security or authentication measures on the Website or any network connected to the Website; or
• 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.

Notice for California Residents who Visit our Website

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by PestRoutes OpCo, LLC (d/b/a SimplyPest) of 4500 W Eldorado Parkway Suite 3200, Mckinney, TX 75050. If you have any questions, concerns, or complaints regarding the Services, please contact SimplyPest by either sending: (i) an email to kevinmhanks@pestroutes.com; or (ii) a letter, first class certified mail, to SimplyPest, c/o PestRoutes OpCo, LLC, 4500 W Eldorado Parkway Suite 3200, Mckinney, TX 75050. 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 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Trademarks And Copyrights

SIMPLYPEST and PESTROUTES are trade names and service marks of PestRoutes OpCo, LLC. Other trade names, trademarks, service marks, domain names, email addresses, graphics, logos, designs, page headers, icons, slogans, names and trade dress used on this Website (collectively the "Trademarks") are owned by PestRoutes OpCo, LLC and/or its licensees in the U.S. and/or other countries. These Trademarks may not be used by you or any third party, or in connection with any product or service in any manner that is likely to cause confusion, including without limitation, as part of other trademarks, domain names, keyword advertisements, or email addresses.

You should assume all content and material made available on the Website is protected by copyright law. Other than personal contact information that you may submit to our "Contact Us" or "Subscribe to" pages, all other materials and other information on the Website, including, but not limited to, all text, reviews, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of SimplyPest and/or its licensors and are protected by all United States and international copyright laws.

Privacy

The Website does not collect personally identifiable information that is not voluntarily provided to SimplyPest. SimplyPest uses the information collected by the Website to provide the Services and to improve the usability and other features of the Website, as described in our Privacy Policy.

DMCA

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), SimplyPest will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
Our Designated Agent is:
   Name: Kevin M. Hanks
   Address: 4500 W. Eldorado Parkway, Suite 3200, McKinney, Texas, 75070
   Email: Kevinmhanks@pestroutes.com

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SimplyPest will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

Delays And Accessibility

The Website may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. SimplyPest is not responsible for any delays, failures or other damage resulting from such problems.

WARRANTY DISCLAIMERS

SimplyPest makes no representations concerning any content contained in or accessed through the Website, and SimplyPest will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. SimplyPest makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

THIS WEBSITE IS PROVIDED “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

YOU AGREE 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 $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 YOUR 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.

Notices

All notices to SimplyPest will be provided by either sending: (i) an email to kevinmhanks@pestroutes.com; or (ii) a letter, first class certified mail, to: SimplyPest, c/o PestRoutes OpCo, LLC, 4500 W Eldorado Parkway Suite 3200, Mckinney, TX 75050. You agree that SimplyPest may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Website.