Legal

Terms & Conditions

Applicability

These Terms of Use apply to all websites that are owned, operated, and maintained by or for Forterra Pest Control, LLC, a Texas limited liability company, and its subsidiaries (“Forterra,” “we,” “us,” or “our”), including forterrapestcontrol.com (“Site”).

General Provisions

THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THE SITE (collectively, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITE. By entering the Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully. We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the Terms, the Site. By entering the Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Jurisdiction and Governing Law

Forterra makes no representations that the information and materials contained within the Site are appropriate for locations outside the United States. By entering the Site you acknowledge and agree that they are intended for use only by citizens and residents of the United States of America residing within the United States of America aged 18 years or older and will only be governed according to the laws of the State of Texas without regard to conflicts of laws principles. If you are not a member of the intended audience, you are prohibited from accessing the Site.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

Content

The Site provides you with information about Forterra’s products and services, employees, and contractors. The Site also provides you with information about common household pests and ways to reduce pest issues. You may also be able to speak with a representative, schedule service, or receive information about the products used or your services such as the date and time of your services and the service professional. All of this information and any other information we provide to you through the Site is referred to herein as “Content.” Although Forterra and all parties involved in creating, producing, or delivering Content make all reasonable efforts to ensure that it is correct and up-to-date, we cannot guarantee 100% accuracy. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND CONTENT. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

The Site also may offer job opening information and provide ways for you to apply for positions. You understand that nothing contained on the Site constitutes an offer of employment by Forterra.

Service Requests

We reserve the right to refuse any order or service request you place with us through the Site or any other method. In the event we make a change to or cancel an order or service request, we will attempt to notify you by contacting you at the email address, phone number, and/or mailing address on file for you.

Password and Account Security

You may create your own account on the Site by completing the registration process. In doing so, you must provide us with accurate and complete registration information and update us if this information changes.

If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account for any purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.

IF YOU PROVIDE YOUR TELEPHONE NUMBER TO US VIA THE SITE, YOU GIVE YOUR ELECTRONIC SIGNATURE AND CONSENT FOR US TO SEND YOU MARKETING CALLS/TEXT MESSAGES AT THAT NUMBER USING AN AUTODIALER AND/OR PRERECORDED MESSAGES. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO RECEIVE THESE MARKETING COMMUNICATIONS IS NOT REQUIRED TO PURCHASE ANY GOODS OR SERVICES.

Forterra’s Intellectual Property

All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of Forterra or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Forterra. Except as expressly authorized by Forterra, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, Content, or services. Without waiving any of the foregoing rights, you may print or download information from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Forterra is prohibited.

Digital Millennium Copyright Act Notice

Your physical or electronic signature;
Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
Identification of the material that you claim to be infringing, and where the material is located on the Site;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
A statement, under penalty of perjury, that the information in your notice is accurate.

If you believe that any material on the Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at: Forterra Pest Control LLC 935 S Kimball Ave Ste. 162 Southlake, TX 76092 Email address: info@forterrapestcontrol.com Phone number: (972) 460-0258 In your notice, please include: If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

Submissions

The Site may let you submit material to us or to third parties: for example, you may be able to upload a photo, send us messages, or post a review about our services. In these Terms, we use “Submissions” to refer to any material of any kind that you submit to us or third parties through the Site, including text, files, images, photos, video, sounds and musical or literary works. We are not responsible for the content of Submissions provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about Submissions, including as to their legality or accuracy. We reserve the right, in our sole discretion, to refuse, remove, or edit any of your Submissions, or to restrict, suspend, or terminate your access to all or any part of the Site, and we may do this with or without giving you any prior notice. We may link Submissions or parts of Submissions to other material, including material submitted by other users or created by us or third parties. We may use Submissions for our internal business purposes, for example, to examine trends or categories or to promote, market, or advertise our services. You acknowledge that we may indirectly commercially benefit from use of your Submissions. Each time you make a Submission, you represent and warrant as follows: (a) You own your Submission or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality, or rights under contract. (b) Your Submission is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate. (c) Your Submission does not advertise any product or service or solicit any business. (d) Your Submission does not identify any individual (including by way of name, address, picture, or video) under the age of 18 and if your Submission identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your Submission. (e) You are not impersonating any other person. (f) You will not collect usernames and/or email addresses of others for the purpose of sending unsolicited email. (g) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person. (h) You will not engage in any automated use of the system, such as using scripts to alter our Content. (i) You will not, without authorization, access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our service providers. (j) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Site, or any other component of our system or network or breach any security or authentication measures. We are entitled to identify you to third parties who claim that their rights have been infringed by your Submission. Submissions are not considered to be confidential. You agree not to make any Submission in which you have any expectation of privacy. We do not claim any ownership rights in Submissions; however, by making a Submission you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submission, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify us and our Affiliates (as defined below) for all claims arising from or in connection with any claims to any rights in your Submission or any damages arising from your Submission. If you provide a review or testimonial, we may post it publicly on our Sites or in other advertising material. By providing a testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications.

Disclaimers & Limitation of Liability

YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORTERRA AND ITS AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS (SUCH AS PESTROUTES LLC), VENDORS, AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FORTERRA NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Forterra may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Forterra’s liability will be the minimum permitted under such law.

Indemnity

You agree to defend, indemnify, and hold Forterra, our Affiliates, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees and costs) that arise out of or are related to your violation of these Terms or use of the Site.

Dispute Resolution & Arbitration

Any controversy, claim or dispute arising out of or related to these Terms, the Site, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties shall be solely and exclusively resolved according to binding arbitration as set forth in this section; however, disputes regarding the scope and enforceability of this arbitration provision shall be determined by a court, not an arbitrator. Also, individual small claims actions are not subject to this arbitration provision so long as they remain in small claims court. For purposes of this section, “we,” “us,” and “our” refer to Forterra and its Affiliates.

Unless you and we agree otherwise, the arbitration shall be administered and conducted by the American Arbitration Association (“AAA”) under is Consumer Arbitration Rules, if applicable, otherwise under its Commercial Arbitration Rules. These rules are found at www.adr.com. If the AAA cannot serve and you and we cannot agree on a substitute, a court with proper jurisdiction will select the arbitrator. The arbitrator will follow the applicable substantive law, including applying the Terms, and will apply the same statutes of limitation and privileges that a court would apply. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which will be governed by Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim). The arbitrator will have authority to award fees and costs of attorneys, witnesses, and experts to the extent permitted by the Terms, the arbitration administrator’s rules, or applicable law. Any arbitration hearing that you attend will take place at a location reasonably convenient to your residence.

IF A CLAIM IS ARBITRATED, YOU AND WE WAIVE ANY RIGHT TO A COURT OR JURY TRIAL. YOU AND WE ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS (THE “CLASS ACTION WAIVER”). NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY ARBITRATION IN VIOLATION OF THIS PROVISION OR TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN TO YOU AND/OR US INDIVIDUALLY.

The AAA charges fees to administer an arbitration proceeding and the arbitrator also charges fees. These arbitration costs will be paid by you and us in accordance with the applicable arbitration rules. We will always pay any fees or expenses that we are required to pay by law and the arbitration administrator’s rules or that we are required to pay for this arbitration provision to be enforced. Either you or we may request a panel of three (3) arbitrators, but in the absence of both parties’ agreement, the requesting party will be responsible for the cost of the additional arbitrators. Either you or we may request at any time prior to the hearing that the award be accompanied by a reasoned opinion. The award rendered by the arbitrator(s) will be final and binding on all parties, except that a party may within thirty (30) days of the original award request an appeal tribunal, constituted in the same number and by the same process as the initial arbitrator(s). The appealing party will be responsible for the filing fee and other arbitration fees and costs subject to award by the appeal tribunal under applicable law. The appeal tribunal will review all questions or law and fact under a clearly erroneous standard. The award of the appeal tribunal will be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”). Judgment may be entered on the award in any court having jurisdiction thereof. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this arbitration provision. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA. Before having recourse to arbitration, you and we agree to try in good faith to settle any controversy or claim by at least four (4) hours of mediation administered under the AAA Commercial Arbitration Rules with us agreeing to pay the costs of the mediation.

This arbitration provision will survive the expiration or termination of the Terms. In the event of a conflict or inconsistency between this arbitration provision, on the one hand, and the applicable arbitration rules or other provisions of the Terms, on the other hand, this arbitration provision will govern. If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of this arbitration provision, except that (i) if the class action waiver is limited, voided, or found unenforceable, then this arbitration provision (except for this sentence) will be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the class action waiver; and (ii) if a claim is brought seeking public injunctive relief on behalf of third parties and a court determines that the restrictions in the class action waiver or elsewhere in this arbitration provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief or a class action be arbitrated.

Any matters submitted to a court for resolution shall be submitted to the state or federal courts of Tarrant County, Texas and all parties agree to the personal jurisdiction thereof.

Privacy & Security

Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request may be logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring. Forterra maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your access at any time without notice or cause of action for any reason whatsoever.

A2P Registration Program Details

Forterra Pest Control LLC engages in marketing activities that leverage text message. The following aspect describe that program. 1.This campaign will be used to follow-up with potential customers who have called us or otherwise provided our business with their contact information. The express purpose will be to simply inquire if they are interested in using our services. 2. You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you. 3. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to info@forterrapestcontrol.com or call our office at 817-665-6527. 4. Carriers are not liable for delayed or undelivered messages. 5. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider. 6. For privacy-related inquiries, please refer to our privacy policy

Links

The Site may contain links to sites or by accessed by links from sites that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that Forterra endorses or accepts any responsibility for the content on those sites. Forterra is not responsible for content including but not limited to claims, representations, warranties, offers, illustrations, names or endorsements on any other sites. Further, Forterra is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following information: The provider of the Site is Forterra Pest Control, LLC, 935 S Kimball Ave Ste. 162 Southlake, TX 76092. To file a complaint regarding the Site or to receive further information about the Site, please contact us. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

Contact Information

If you have any questions about our Sites, Services, or this Privacy Policy, please call us at 817-665-6527, or send us a letter to the following address:

Forterra Pest Control, LLC

935 S Kimball Ave Ste. 162

Southlake, TX 76092