Terms and Conditions

Acceptance of the Terms of Use

By accessing or using the Rodent Busters Inc. website or the mobile application, offered by Rodent Busters Inc. (“Rodent Busters Inc.,” “we,” “us” or “our”) at www.rodentbustersinc.com and all associated pages and services (collectively referred to as our “Website”), you (the “User” or “you”) confirm that you have read, understand and agree to be bound by these terms of use (“Terms of Use”). Please read the Terms of Use carefully.

Rodent Busters Inc. describes our privacy practices in our privacy policy available at www.rodentbustersinc.com/privacy-policy. Please review carefully for more information on how Rodent Busters Inc. handles personal data accessed or collected by the Website.

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

PLEASE BE AWARE THAT SECTION 14 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND RODENT BUSTERS INC. HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST RODENT BUSTERS INC. TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 14 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST RODENT BUSTERS INC. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 14 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 14 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Changes to these Terms of Use.

By accessing our Website, you acknowledge that we have the right to revise and amend these Terms of Use without prior notice. Your continued use of the Website following our posting of any such changes will mean that you accept such changes. Notwithstanding the foregoing, in the event that you provide us with an email address, we will notify you at the email address provided to us in the event that we make any material changes to these Terms of Use, and you will have to agree to or reject the updated Terms of Use at that time, in order to continue using the Website.

 

The Website are for Use by Individuals 18 Years of Age and Older.
The Website are intended solely for natural persons who are eighteen (18) years of age or older, and any registration by, use of, or access to the Website by any person under 18 is unauthorized and in violation of these Terms of Use. We may terminate your use of the Website without notice if we believe you are less than 18 years old. By using the Website, you represent and warrant that you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.

Website Use Restrictions.
Without our prior written consent, you may not:

• Use any automated means to access this Website or collect any information from the Website (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
   

• Frame the Website in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Website pages, or otherwise affect the display of any pages on the Website;
   

• Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
   

• Use the Website in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; or
   

• Access, use or monitor our Website for benchmarking or any direct competitive purposes.
   

We may terminate or disable your access to the Website for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms of Use.

Information Posted through the Website.

As between us and you, all content made available on or through the Website, whether uploaded, published, or displayed by us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, except as provided in Section 9 (Third Party Links & Ads) is the property of Rodent Busters Inc. (collectively the “Rodent Busters Inc. Content”). To the best of our knowledge, we use only content that we own or have permission to use. No Rodent Busters Inc. Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

 

Intellectual Property – Trademarks

The “Rodent Busters Inc.” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress in the United States. Rodent Busters Inc.’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Rodent Busters Inc.

 

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Website are non-confidential and shall become the sole property of Rodent Busters Inc. Rodent Busters Inc. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Copyright Complaints
If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent as set forth below:

Rodent Busters Inc.
Rodent Busters Inc.

Limitation of Certain Damage Types.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL RODENT BUSTERS INC. OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES…

Disputes, Governing Law, Venue, and Jurisdiction.
By using the Website, you agree that these Terms of Use shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

For any cause of action initiated against Rodent Busters Inc. relating to these Terms of Use, you and Rodent Busters Inc. agree to submit to the exclusive and personal jurisdiction of the courts located in the State of California

Exclusive Venue.
To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and Rodent Busters Inc. agree that all claims and disputes arising out of or relating to these Terms of Use will be litigated exclusively in the state or federal courts located in the State of California

Indemnity.

To the maximum extent permitted by law, you agree to indemnify and hold Rodent Busters Inc., our subsidiaries and affiliates…

 

Arbitration Agreement & Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Rodent Busters Inc. and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Scope of Arbitration Agreement (“Arbitration Agreement”).

You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or to any other aspect of your relationship with Rodent Busters Inc. will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Rodent Busters Inc. may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement.

NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST RODENT BUSTERS INC. ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH RODENT BUSTERS INC., YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST RODENT BUSTERS INC. IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

 

 

Arbitration Rules and Forum.

This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at or by calling the AAA at 1-800-778-7879.

Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Rodent Busters Inc. will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA may be contacted at the toll-free number 800.778.7879, or through the following website: http://www.adr.org.

 

 

Arbitrator Powers.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.

The arbitration will decide the rights and liabilities, if any, of you and Rodent Busters Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties.

The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use.

The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Rodent Busters Inc.

 

 

Waiver of Jury Trial.

YOU AND RODENT BUSTERS INC. EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL.

You and Rodent Busters Inc. are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited.

In any litigation between you and Rodent Busters Inc. over whether to vacate or enforce an arbitration award, you and Rodent Busters Inc. waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.

 

 

Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable,

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.  CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Rodent Busters Inc. is entitled to arbitration.  Instead, all claims and disputes will then be resolved in a court as set forth in  (Disputes, Governing Law, Venue and Jurisdiction) above.
Opt Out.  You may opt out of this Arbitration Agreement.  If you do so, neither you nor Rodent Busters Inc. can force the other to arbitrate.  To opt out, you must notify Rodent Busters Inc. in writing no later than 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, your Rodent Busters Inc. username (if any), the email address you used to set up your Rodent Busters Inc. account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.  You must send your opt-out notice to: info@rodentbusterssf.com.  If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Exclusive Venue.  To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and Rodent Busters Inc. agree that all claims and disputes arising out of or relating to these Terms of Use will be litigated exclusively in the state or federal courts located in the State of California