Clark’s Termite and Pest Control Terms and Conditions

Terms of Service for clarkspest.com

Introduction

Welcome to clarkspest.com. This website is owned and operated by Clark’s Termite and Pest Control. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy on this website for more information). This agreement is in effect as of June 25, 2014.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:
  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. This includes images, copy, and content from the Clark’s Termite and Pest Control library and blog.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. Breach of any of these terms and conditions either with or without willful and/or malicious intent, Clark’s Termite and Pest Control may take such action, as it deems appropriate to deal with the breach. These actions include suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
  8. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising;
    4. Impersonates any person or entity, including any clarkspest.com employees or representatives.
    We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
  9. We do not assume any liability for any content posted by you or any other 3rd-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd-party copyrights or trademarks, becomes the property of Clark's Termite and Pest Control and, as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  10. You agree to indemnify and hold harmless Clark's Termite and Pest Control and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, 3rd-party vendors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available." This means that we do not represent or warrant to you that:

  1. The use of our Resources will meet your needs or requirements.
  2. The use of our Resources will be uninterrupted, timely, secure or free from errors.
  3. The information obtained by using our Resources will be accurate or reliable, and
  4. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  2. No information or advice, whether expressed, implied, oral or written, obtained by you from Clark's Termite and Pest Control or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Clark's Termite and Pest Control will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on clarkspest.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Clark's Termite and Pest Control, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Clark's Termite and Pest Control.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to access or delete any information that you may have on file with us, including any account or login information.

Compliance with CAN-SPAM Act

Publisher will fully comply with all requirements of the CAN-SPAM Act in every email it drops containing offers from Clark's Termite and Pest Control.

Without limiting the generality of this compliance requirement, Publishers are specifically advised of the following:

Email shall not contain a false or misleading domain name in the sender's address or anywhere else in the message header. All domain names used in message headers must be properly registered by the Publisher with accurate contact information used in the registration.

Email shall not contain a non-functioning IP address. All IP addresses used in connection with sending email containing an offer from Clark's Termite and Pest Control must be valid and must be under the ownership/control of the sending party.

Email shall not contain a falsified or deceptive subject line. Every subject line must have a substantive relationship to the content of the email. Any attempt to make an email appear as if it was in reply to a previous email or an email forwarded to the recipient by someone else is strictly prohibited.

Email shall not contain a false or deceptive alias or "from line." The "from line" must have a substantive relationship to the sender or the content of the email. Use of "from lines" containing the name of any individual not directly employed by the Publisher is prohibited without the express written consent of Clark's Termite and Pest Control.

Every email shall contain a valid physical address of the Publisher sending the email. A post office box address is sufficient to comply with this requirement.

Every email shall contain a functioning return electronic mail address or other internet-based mechanism, clearly and conspicuously displayed, that (i) a recipient may use to submit, in a manner specified in the message, a reply electronic mail message or other form of internet-based communication requesting not to receive future commercial electronic mail messages from that sender at the electronic mail address where the message was received; and (ii) remains capable of receiving such messages or communications for no less than 30 days after the transmission of the original message.

Publisher warrants that it honors unsubscribe/opt-out requests within 10 days of original receipt.

Email shall only be delivered to persons who have provided prior affirmative consent to receive commercial email messages from the Publisher. Use of harvested or culled data is strictly prohibited.

To the extent that Publisher uses any affiliate or other third party to deliver email containing commercial offers provided by Clark's Termite and Pest Control, Publisher warrants that said affiliate or third party will act in full compliance with the CAN-SPAM Act and all other Clark's Termite and Pest Control Publisher Terms and Conditions.

Publisher agrees to fully indemnify and defend Clark's Termite and Pest Control against any claim brought against it for any violation of the CAN-SPAM Act that is the result of an email delivered by Publisher or any affiliate or third party acting on behalf of Publisher.

In the event that Clark's Termite and Pest Control determines in its sole discretion that Publisher has violated any provision of the CAN-SPAM Act or any other part of the Clark's Termite and Pest Control terms and conditions, Clark's Termite and Pest Control will terminate Publisher's account status immediately and without pay for all outstanding campaigns. In the event that Clark's Termite and Pest Control takes such action, Publisher may obtain a written explanation of the reasons behind the cancellation if explanation is requested from Clark's Termite and Pest Control within 48 hours of notification of cancellation. Explanation shall be provided within 10 business days.

Publisher further warrants that any new data that it acquires, regardless of its source, will be run against the FCC's wireless domain names list and that domain names contained therein will be removed before sending any Clark's Termite and Pest Control Network mailings.

Guidelines for Participation in Clark's Termite and Pest Control Social Media

These guidelines are for anyone who may wish to interact with Clark's Termite and Pest Control through social media.

We encourage your posts and comments in social media channels maintained by Clark's Termite and Pest Control.

Please understand that we cannot respond to every comment, and that we cannot offer advice or termite and pest control treatment recommendations via the Internet. If you have a question about a specific termite and/or pest condition, please contact us at buginyourear@clarkspest.com.

Clark's Termite and Pest Control does not moderate or censor comments, but we reserve the right to delete comments that are abusive or off topic or that contain foul language, spam or advertisements for commercial products. Disagreements and feedback/criticism are welcome, but mutual respect is a must and abusive language is out of bounds.

For your privacy, you should consider carefully before posting personal information to the internet. Please remember that your posts and comments are available for all to see.

Your use of any of the social media channels maintained by Clark's Termite and Pest Control is subject to the Terms and Conditions of Use set forth below. By accessing, viewing, posting or otherwise using any content on or available through the Clark's Termite and Pest Control sites, you unconditionally accept these Terms and Conditions of Use. If you do not agree to the Terms and Conditions, you may not use the Clark's Termite and Pest Control sites.

Terms and Conditions of Use

  1. Use of Clark's Termite and Pest Control social media does not create a contractual and binding relationship with Clark's Termite and Pest Control. Nothing read on any Clark's Termite and Pest Control social media site should be relied upon to replace or overrule a licensed professional's judgment.
  2. Neither Clark's Termite and Pest Control nor its content or service providers guarantee or warrant the Clark's Termite and Pest Control social media sites against errors, defects, delays, omissions, interruptions or losses, including losses of data, nor are any files downloaded from a Clark's Termite and Pest Control site warranted or guaranteed to be free of viruses, bugs, worms or other such destructive properties.
  3. Users grant to Clark's Termite and Pest Control the irrevocable, perpetual, transferable, non-exclusive, royalty-free worldwide license (with the right to sublicense) and right (i) to reproduce, publish, distribute and display content, (ii) to create derivative works from the content, (iii) to edit, modify or delete content, and (iv) to use content for any Clark's Termite and Pest Control purpose.
  4. Users are responsible for content submitted to social media sites. You may not submit any material or content that infringes any patent, trademark, copyright or other proprietary rights of any party. You agree that you will not violate any local, state, federal and international laws and regulations, including those related to copyright and other intellectual property rights. You further agree that you will not submit any information that (i) is disruptive, threatening, abusive, profane, harassing, embarrassing, defamatory, libelous, obscene, hateful or racially, ethnically or is otherwise objectionable as solely determined by Clark's Termite and Pest Control, (ii) contains any product or service advertisements or endorsements, or (iii) can be construed as political lobbying.
  5. Users may not make any commercial use of any Clark's Termite and Pest Control social media site or any content, code, data or materials on or available through the Clark's Termite and Pest Control social media sites. Users may not download, post, display, publish, copy, reproduce, distribute, transmit, perform, broadcast, create derivative works, sell or otherwise exploit any content, code, data or materials on or available through the Clark's Termite and Pest Control social media sites. Users also agree not to alter, edit, delete, remove or otherwise modify the meaning, appearance or purpose of any content, code, data or materials on or available through the Clark's Termite and Pest Control social media sites, including, but not limited to, altering, obscuring or removing any trademarks, trade names, logos or other proprietary rights notices.
  6. Clark's Termite and Pest Control reserves the right to edit, modify, remove or delete any content or other information or materials submitted by Users.
  7. Clark's Termite and Pest Control also reserves the right to monitor, restrict, block, suspend or discontinue your access to the Clark's Termite and Pest Control social media sites, at any time, with or without advance notice, and for any reason or no reason at all.
  8. Clark's Termite and Pest Control may, without any liability to you, disclose your communications and activities with Clark's Termite and Pest Control social media in response to lawful requests by governmental authorities, judicial orders, warrants or subpoenas, or for the protection of Clark's Termite and Pest Control rights.
  9. You agree to defend, indemnify and hold Clark's Termite and Pest Control and its content providers and service providers harmless from any and all claims, liabilities, losses, damages, settlements, judgments, costs and expenses, including attorneys' fees, arising in any way from your use of or access to Clark's Termite and Pest Control social media. Clark's Termite and Pest Control reserves the right, at its sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Clark's Termite and Pest Control's defense of such claim.
  10. Clark's Termite and Pest Control may suspend, change or discontinue any aspect of Clark's Termite and Pest Control social media at any time.
  11. CLARK'S TERMITE AND PEST CONTROL SOCIAL MEDIA, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION PROVIDED THROUGH CLARK'S TERMITE AND PEST CONTROL SOCIAL MEDIA, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CLARK'S TERMITE AND PEST CONTROL HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
  12. USER ASSUMES ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS ASSOCIATED WITH SENDING ANY CONTENT OVER THE INTERNET. CLARK'S TERMITE AND PEST CONTROL DOES NOT WARRANT OR SAFEGUARD AGAINST INTENTIONAL OR MALICIOUS ATTEMPTS TO INTERCEPT OR COMPROMISE USER INFORMATION POSTED TO CLARK'S TERMITE AND PEST CONTROL SOCIAL MEDIA OR SENT OVER THE INTERNET.
  13. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CLARK'S TERMITE AND PEST CONTROL, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, CLARK'S TERMITE AND PEST CONTROL SOCIAL MEDIA OR THE CONTENT, MATERIALS AND INFORMATION RELATED THERETO, USER'S PROVISION OF INFORMATION VIA CLARK'S TERMITE AND PEST CONTROL SOCIAL MEDIA, LOST BUSINESS OR LOST SALES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
  14. Any dispute, claim or action related to your use, viewing, posting or access to Clark's Termite and Pest Control social media shall be construed in accordance with the laws of the state of South Carolina, without regard to its conflicts of laws principles.
  15. CLARK'S TERMITE AND PEST CONTROL RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO SUSPEND, MODIFY OR UPDATE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT ADVANCE NOTICE. Changes will be effective when posted. Users' continued use of the Clark's Termite and Pest Control social media after such changes to the terms and conditions are posted will be considered acceptance of those changes.
  16. If any term, condition or provision of these Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of the Terms of Use.

Governing Law

This website is controlled by Clark's Termite and Pest Control from our offices located in the state of South Carolina and/or North Carolina, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of South Carolina and/or North Carolina, by accessing our website, you agree that the statutes and laws of South Carolina and/or North Carolina, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be resolved by binding arbitration located in the state of South Carolina (SC) within the United States. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.

UNLESS OTHERWISE EXPRESSED, CLARK'S TERMITE AND PEST CONTROL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about our Terms of Service as outlined above, you can contact us at:

Clark's Termite and Pest Control
405 Western Lane, Irmo, SC 29603
United States
buginyourear@clarkspest.com