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Terms & Conditions

Terms Of Use.

Thank you for visiting PestXpress.ca. The PestXpress.ca Web site has been made available to you subject to your compliance with the terms and conditions set forth below (the “Terms of Use”). Please read this document carefully before accessing or using the PestXpress.ca Web site. By accessing or using this Web site, you are agreeing to be bound by the Terms of Use. If you do not wish to be bound by the Terms of Use, you may not access or use the Web site.

Modification of These Terms of Use

Pest Xpress  reserves the right to change the terms, conditions and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms of Use and additional terms or notices posted on the PestXpress.ca Web site. Your continued access of this Web site shall be deemed your conclusive acceptance of the modified agreement.

Privacy

Please review our Privacy Policy, which also governs your visit to PestXpress.ca, to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications

When you visit PestXpress.ca or send e-mails to us, you are communicating with us electronically, and thereby consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses

The entire contents of this Web site, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations and software, are the property of Pest Xpress, its content suppliers or its clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the Web site contents without the prior express written consent of Pest Xpress. You may print or download portions of the materials from various areas of this Web site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our Web site constitutes a copyright infringement of another parties rights, please contact us immediately at info@PestXpress.ca to notify us of this infringement.

License and Web Site Access

Pest Xpress grants you limited license to access and make personal use of this Web site and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Pest Xpress. This Web site or any portion of this Web site may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Pest Xpress. You may not frame, or use any framing techniques to enclose any trademark, logo or other proprietary information (including images, text, flash movie, page layout or form) of PestXpress.ca without the express written consent of Pest Xpress. You may not use META tags or any other “hidden text” which utilize PestXpress.ca or any other derivative of our domain or company name without the express written consent of Pest Xpress. You are hereby granted a limited, revocable and non-exclusive right to create a hyper-link to the home page of PestXpress.ca so long as the link does not portray any false, misleading, derogatory or otherwise offensive matter. It is further understood and agreed that Pest Xpress cannot and does not guarantee or warrant that files made available for downloading through the PestXpress.ca Web site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through PestXpress.ca are free from such contaminations.

Disclaimer of Warranty/Limitation of Liability

THIS WEB SITE AND RELATED INFORMATION IS PROVIDED BY Pest Xpress ON AN “AS IS” AND “AS AVAILABLE” BASIS. Pest Xpress MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Pest Xpress DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pest Xpress DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM PestXpress.ca ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pest Xpress WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Pest Xpress USES REASONABLE  EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEB SITE. Pest Xpress ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, Pest Xpress. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Links

Linked Web sites are not under the control of Pest Xpress and Pest Xpress is not responsible for the contents of any linked site or any link contained in a linked site. Pest Xpress provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Pest Xpress of the site.

Disputes

Any dispute relating in any way to your visit or access of the PestXpress.ca Web site or to the products or services you purchase through the PestXpress.ca Web site shall be submitted to binding arbitration.

Indemnification

You agree to indemnify, defend and hold harmless Pest Xpress, its officers, directors, owners, partners, employees, agents, licensor’s, suppliers and any third party information provider to the Web site from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or your use and access of the PestXpress.ca Web site.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

Other Provisions

Pest Xpress’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Pest Xpress may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void or, for any reason, unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Legal Status and Disclaimed

Throughout this website, references are made to various entities, trademarks, trade-names and business styles. For the purposes of all matters creating legal obligations or where legal limitations or indemnities are afforded, users of this website are advised that all representations, warranties, promises and guarantees set out herein are those solely of Pest Xpress and not those of any other individual, corporation or other entity and Pest Xpress shall be the sole entity responsible for making any such representations, warranties, promises or guarantees; notwithstanding any use, on this website, of a trademark, trade-name or business style that might suggest any other entity is providing such representations, warranties, promises or guarantees. In addition, all protective or exculpatory provisions contained on this website, such as, but not limited to, indemnification obligations of website users or clients of Pest Xpress and limitations of liability shall accrue to the benefit of Pest Xpress as well as any and all parties related to or affiliated with Pest Xpress; notwithstanding the use, on this website, of any trademarks, trade-names or business styles which might suggest that an entity other than Pest Xpress is entitled to the benefit of any such protective provisions.”

 

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