1. POISON CONTROL

Call 1-800-362-0101

2. PESTICIDE LABELS/MSDS

Upon request Brite Pest LLC will provide the purchaser with a copy of the manufacturer’s specimen label of the pesticide(s) which will be used to treat the premises. Virtually all pesticides have some odor that may be present for a short time after application. If you or any member of your household is sensitive to odors or chemicals, Brite Pest recommends you consult your family physician prior to treatment.

3. PEST(S) TO BE CONTROLLED

See front of Brite Pest, LLC Service Agreement. This agreement does not provide the control or prevention of powder post beetles, wood borers, carpenter ants, carpenter bees, wood wasps, wood decaying fungus, termites unless indicated, or any other pests not indicated herein.

4. LIMITATIONS AND CUSTOMER COOPERATION

Although Brite Pest Pest Control agrees to return and retreat affected areas, Brite Pest cannot guarantee against re-infestation of pests from neighboring areas, nor guarantee complete elimination of pests. Customer understands that resulted of service are relative to and dependent upon the cooperation of the customer as to house keeping, sanitation, maintenance, and accessibility of areas to be serviced. Customer agrees to cooperate with Brite Pest as necessary to facilitate treatment and control.

5. NOTICE OF CLAIMS AND ACCESSIBILITY

Any claim under the terms of this Agreement will be made immediately in writing to Brite Pest. Brite Pest is only obligated to perform under this Agreement provided the Homeowner allows Brite Pest access to the identified structure for any purpose contemplated by this Agreement, including but not limited to, re-inspection, whether the inspection was requested by the Homeowners or considered necessary by Brite Pest. The regular service charge is for the exterior only. Please make sure animals are secured, and that gates are unlocked for service. If the premises are not available for treatment on the service day, Brite Pest will service the outside of the residence where accessible and leave a record of service on the customer’s door. Customer agrees to pay the normal service charge for this outside service. If desired the customer may request that Brite Pest return to service untreated areas at no additional charge.

6. DAMAGE AND LIMITATION OF LIABILITY

This agreement does not provide for the control or prevention of powder post beetles, wood borers, carpenter ants, carpenter bees, wood wasps, cicada killer wasps, wood decay fungus, termites unless indicated or any other pests not indicated herein. I expressly waive and release Brite Pest, LLC from liability for any claim for personal injury (including stings, bites, or illness), medical costs, or damages to the structure or its contents cause by wood infesting organisms, fire ants pharaoh ants, spiders, ticks, fleas, wasps, bees, termites or other pests listed on this contract. Brite Pest, LLC does not represent a guarantee that the covered insects will not return to the structure/building.

7. BILLING/NON-PAYMENT

Brite Pest guarantees the pricing in this agreement for two years from start date, and may reasonably increase price after for inflation. In case of non-payment or default by the Homeowner, Brite Pest has the right to terminate this Agreement and reasonable attorney’s fees and costs of the collection shall be paid by the Homeowner, whether suit filed or not. No service will be rendered on accounts 90 days past due. Accounts past 90 days are subject to cancellation. In no event shall either party be liable to the other for indirect, special or consequential damages or loss of anticipated profits.

8. TERMITE BAITING SERVICE/SUBSCRIPTION UPGRADE

The Brite Pest Termite Subscription upgrade provides a Limited Guarantee (“Limited Guarantee”) and supplies the homeowner with a termite baiting system for subterranean termites. Brite Pest is not responsible for termite damage. This is not damage warranty.

Performing the work

A) Performing the Work

(1) Monitoring – Initial installation of stations and detection of termite activity. Brite Pest will monitor the stations on a periodic basis according to the label. Brite Pest may report on excessive moisture, fungus and/or decay that may reasonably come to its attention during monitoring, as these conditions may be conducive to termites and detrimental to the effectiveness of the baiting system.

(2) Baiting – Placement of termite bait in the stations during periods of termite activity during monitoring. If Brite Pest becomes aware of sufficient termite activity in the monitoring stations; Brite Pest will then bait the stations with termite bait. Brite Pest will continue to monitor and bait until there is not evidence of termite activity in the stations. Brite Pest may also spot treat specific areas where there is termite activity with liquid termiticide.

(3) Ongoing Monitoring – Subsequent monitoring for protection from termites with possible additional baiting. As long as this service agreement remains in force, Brite Pest will continue to monitor all stations, as the label requires, in case of re-emergence of subterranean termites

B) Brite Pest agrees to bait structure(s) with Trelona ATBS, a registered bait system, in in complete compliance with the label and all applicable laws, rules and regulations. Brite Pest will exercise care while performing any work hereunder to avoid damaging any part of the property, plants or annuals. Under no circumstances or conditions shall Brite Pest be responsible for damage caused by Brite Pest at the time the work is performed except those damages resulting from gross negligence on the part of Brite Pest. In certain circumstances a supplemental liquid termiticide barrier may applied to ensure optimal control of termite infestations.

C) Ownership and Replacement of Brite Pest Termite Baiting System.

The Customer understands that all of the components of the Company Termite Baiting System (“Components”) are and will remain the property of Company. If any of the Components are repeatedly destroyed or damaged by Customer, or Customer’s licensees or agents, Company may require Customer to pay the costs of replacement of any of the damaged Components. Upon the expiration or termination of the Agreement, Company or its authorized representatives are authorized by Customer to retrieve from Customer’s premises all Components.

9. CONDUCIVE CONDITIONS TO INFENSTATION

The Customer warrants full cooperation with Company during the term of this agreement, and agrees to maintain the structure(s) and the area baited free from any conditions considered conducive to infestation, such as wood to ground contact, form boards left in place, excessive moisture, debris under or around structure, grade level too high, insufficient clearance in crawl space, expansion joints or cracks in slab, wood root / wood fungus, heavy foliage, planter boxes abutting structure, poor drainage, insufficient ventilation, stucco on wire lathe on frame and/or rigid foam board and/or expanded foam materials which are in contact with the soil or covering interior or exterior foundation walls in such a way as to provide termites with hidden or protected access to the structure, whether visible or not, standing water under pier type structure, or as noted in additional comments. The Customer also agrees to notify Company of and to eliminate faulty plumbing, leaks, and dampness from drains, gutters, down spouts, and condensation or leaks from the roof or otherwise into, onto, or under said area(s) baited. Failure of the Customer to fully correct the above conditions may result in the mollification of this service agreement. Failure of company to note any of the above conditions to the Customer does not alter the Customer’s responsibility under this paragraph. Water leakage in treated areas, and leakage in interior areas or through the roof or exterior walls of the identified structure(s), may destroy the effectiveness of the treatment, and is conductive to new infestation. The Customer is responsible for making timely repairs as are necessary to stop leakage. If Customer elects not to repair said defects then Company shall have no further obligation under the Agreement.

10. ADDITIONS OR ALTERATIONS

This Agreement covers the structure identified on the Inspection Graph as of the date of the initial treatment. In the event the structure(s) are modified, altered or otherwise changed, or before the soil is removed or added around the foundation, or before soil is removed from under the structure. Homeowner will immediately notify Brite Pest for proper instructions and or any additional treatment required by the changes occurred. Failure to do so will terminate this Agreement automatically. In the event of structure additions and or modifications, Brite Pest may require additional service changes and or reserve the right to adjust the annual renewal fee.

11. CHANGE IN LAW

Brite Pest aims to perform its services in accordance with the Federal, State and Local Law. In the event of a change in existing law as it pertains to the service promised herein, Brite Pest reserves the right to revise the annual renewal fee or terminate the Agreement.

12. EXCLUSIONS

This agreement does not cover and Brite Pest will not be responsible for any damage caused by termites and will not repair or replace current or future structural damage

13. ENTIRE AGREEMENT

It is understood and agreed between the parties that this Agreement, Inspection Graph and Terms and Condition constitute the complete Agreement between Brite Pest and the Homeowner and that said Agreement may not be changed or altered in any manner, oral or otherwise, by any representative of Brite Pest unless alteration or change be in writing and executed by a Corporate Officer of Brite Pest under its corporate seal.

14. DISCLAIMER

Brite Pest’s liability under this Agreement will be terminated if Brite Pest is prevented from fulfilling its responsibilities under the terms of this Agreement by reason of delays in transportation, shortages of fuel and or materials, strikes, embargoes, fires, floods, quarantine restrictions, or any act of Nature or circumstance or cause beyond the control of Brite Pest. TERMO DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIMITED GUARANTEES STATED IN THIS AGREE- MENT ARE GIVEN IN LIEU OF ANY OTHER GUARANTEE OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY Of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BRITE PEST DOES NOT GUARANTEE REMOVAL OF ALL WOOD DESTROYING INSECTS AND/OR ORGANISMS.

15. BINDING ARBITRATION

The customer and The Company (Brite Pest, LLC) agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of this contract or to the treatment of or rendering of services to the identified property in any way, whether by virtue of contract, tort or otherwise, shall be settled exclusively by arbitration. The arbitrator shall be a licensed legal representative, independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented. The arbitrator shall give effect to any and all waivers, releases, disclaimer, limitations and other terms and conditions of this Agreement. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration provision or of the arbitrator’s decision and a party violating this provision shall pay the other party’s costs, including but not limited to, attorney’s fees, with respect to such suit and the arbitration award shall so provide.

16. SMS Terms & Conditions

A. Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by emailing us at info@britepest.com

B. Your Consent to Receive Automated Calls/Texts: You acknowledge that by voluntarily providing your telephone numbers), you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Us concerning Our products, services, offers, promotions, and transactions, as well as your relationship with Us. You understand that consent is not required to make any purchase from Us. Message and data rates may apply

C. Opt Out Instructions: Your consent to receive automated texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us, or email info@britepest.com and specify that you want to opt out of text messages. You may also text HELP or email us at info@britepest.com for help. You acknowledge and agree to accept a final text message confirming your opt-out

D. Indemnification to Us: You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys' fees)

E. Participation Requirements: By participating in the Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions

F. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminate

17. SMS Privacy Policy

Brite Pest is committed to protecting your privacy. This Privacy Policy (the “Policy”) governs how we treat the Personal Information that we collect and receive from you in connection with your use of the SMS Service (“Service”), which we make available to you through a third-party service provider. This Policy is incorporated into the Terms of Service.

By using the Service, you agree to the terms of this Policy. Brite Pest reserves the right, in its sole discretion, to modify or change this Policy at any time with or without prior notice to you. The date of the last update will be posted at the top of this Policy for your convenience. This Policy, and any changes, are effective as soon as posted. Your continued use of the Service following the posting of any changes to the Policy constitutes your full acceptance of those changes.

“Personal Information” is information that individually identifies you, such as your mobile phone number or user/screen name, as well as the any Personal Information that you choose to include in messages you send through the Service.

What Personal Information is collected about you

Through the use of the Service, Brite Pest will receive the following information from our third party service provider: your mobile phone number when you send a text message to us, the text of messages that you send to other users of the Service, any user or screen name that you select in connection with the Service, as well as any comments or feedback regarding the Service that you send to us.

How Brite Pest uses Personal Information about you

We use Personal Information to (a) provide you with the Service, (b) process and respond to inquiries, (c) improve the Service, (d) if necessary, contact you with important announcements or messages, (e) conduct research, and (f) provide anonymous reporting for internal and external clients and partners.

Each message that you send through the Service (either to us or to other users of the Service) is stored on our servers. We retain these messages on our servers. Brite Pest utilizes servers and services owned by third parties.

Disclosure of your information

We will not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may use or disclose such information in any of the following limited circumstances:

We have your consent.

We need to enforce our Terms of Service.

We provide such information to trusted businesses or persons for the sole purpose of processing Personal Information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures.  If the third party fails to comply with our terms, Brite Pest is not accountable in any way for any liability or reimbursement.

We provide such information to third parties who have entered into non-disclosure agreements with us.

We provide such information to a company controlled by, or under common control with, Brite Pest for any purpose permitted by this Policy.

We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights, or the legal rights of others, or defend against legal claims.

We believe it is necessary to share Personal Information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Brite Pest’s Terms of Service, or as otherwise required by law.

We transfer Personal Information about you if Brite Pest is, or its assets are, acquired by or merged with another company.

We may share aggregated information with others without further notice. An example of this would be the number of people who used the Service in a given month or the total number of texts sent in a given week.

Security

Brite Pest takes precautions to ensure the security of your Personal Information, including ensuring that our third party service providers protect the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information despite our efforts. You should note that in using the Service, your information will travel through third party infrastructures which are not under our control (such as a third party SMS delivery platform or your carrier network).

We cannot protect, nor does this Policy apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.

Opting in

A mobile user might opt-in by:

Entering a phone number online,

Sending an Mobile Originating (MO) message containing an advertising keyword,

Filling out a paper form that includes their phone number, or

Signing up at a point-of-sale location.

Opting out

Brite Pest’s third-party service provider gives you the ability to opt out of the Service for any reason. You can opt out by replying “STOP” or “QUIT”

We reserve the right to send you certain communications relating to the Service, such as announcements and administrative messages, without offering you the opportunity to opt-out of receiving them.

Children

The Service is not intended for children under 13, and Brite Pest does not knowingly collect information from children under the age of 13.

Children aged 13 or older should not submit any Personal Information without the permission of their parents or guardians. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the service.

Intended audience

Brite Pest requires that users of this service be limited to US residents only.