Agreement

The Termite Shield Web Site and app (collectively, the “Site”) are an online information exchange where you can learn more about becoming a certified Termite Shield provider. The Site is provided by Termite Shield [company name] (“Termite Shield”), and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Termite Shield. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site for any commercial purpose, regardless of whether the data is publicly available or only available to logged-in users. Termite Shield prohibits the use of the Site or its contents to train or supply artificial intelligence or machine learning.

Please read the following information carefully before using this Site. By clicking “I accept” below, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Site. Termite Shield reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, and by using this Site after the posting of a modification, you accept the modification OR by clicking “I accept” to the revisions, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Disclaimer of Warranties

THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TERMITE SHIELD BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Termite Shield’s liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.

Privacy

Personal information transmitted to Termite Shield will be treated in accordance with our Privacy Policy.

Our Copyrighted Materials; Infringement Claims

The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by Termite Shield and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Termite Shield or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.

Trademarks

Trademarks and service marks that may be referred to on this Site are the property of Termite Shield or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Termite Shield or the Termite Shield logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain Termite Shield’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.

Right to Preserve and Disclose

Termite Shield may preserve all information you provide. Termite Shield may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• complete your transaction;
• comply with legal process;
• enforce this Agreement;
• respond to claims that any materials on this Site violate your rights or the rights of third parties;
• protect the rights, property, or personal safety of Termite Shield, its users and/or the public; or
• in the event that all or substantially all of Termite Shield’s assets are acquired by a third party.

Prohibited Actions

You agree not to:

• decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof;
• disable any licensing or control features of the Site;
• “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except Termite Shield;
• introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users;
• merge the Site or Materials with another program or create derivative works based on the Site or Materials;
• remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials;
• sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others;
• use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or
• otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site.

Except as expressly provided herein, Termite Shield and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

Prohibition on Scripts, Bots, Third Parties, etc.

You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.

Prohibition on Scraping

You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site for any commercial purpose, regardless of whether the data is publicly available or only available to logged-in users. “Commercial purpose” includes but is not limited to training or supplying such data or information to any artificial intelligence or machine learning program.

Ownership of Usage Data

Termite Shield may collect and aggregate data about your usage of the Site, and Termite Shield shall be the sole owner of such information.

Links

Although Termite Shield controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. Termite Shield includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that Termite Shield is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. Termite Shield reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by Termite Shield, and may have different terms of use and privacy policies, which Termite Shield encourages you to review.

Must Be At Least 18 Years Old to Use This Site

At this Site Termite Shield makes no active effort to collect personal information from individuals under the age of eighteen (18). Termite Shield requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).

Site Controlled from United States; Prohibited Persons and Countries

This Site is controlled from offices within the United States. Termite Shield makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.

You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Special Terms for Apple Users

Users of the Termite Shield Apps acknowledge that they have reviewed and agree to the terms of the online app marketplace from which they have downloaded the App. The following additional terms and conditions apply with respect to any App that the Termite Shield provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that this Agreement is between you and the Termite Shield only, and not with Apple, Inc. (“Apple”).
• Your use of the Termite Shield’s iOS App must comply with Apple’s then-current App Store Terms of Service.
• Termite Shield, and not Apple, is solely responsible for Termite Shield’s iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that Termite Shield, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of our iOS App.
• You agree that Termite Shield, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third party terms of agreement when using Termite Shield’s iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).
• You and Termite Shield agree that Apple and Apple’s subsidiaries are third party beneficiaries to this Agreement as they relate to your license of our iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as they relate to your license of our iOS App as a third party beneficiary thereof.

Arbitration and Class Action Waiver

All claims, disputes or other controversies arising out of, or relating to, this Agreement (each, a “Dispute”) shall be resolved exclusively as provided in this Agreement. There shall be no right or authority for any claims to be arbitrated on a class action basis.

Any such Dispute shall first be referred for resolution to the representatives of each party responsible for such party’s obligations under this Agreement. If such Dispute is not resolved within ten (10) business days after such referral, then the Dispute shall be submitted for resolution by mutual agreement between senior executives of each party by written notice expressly invoking this Section delivered to the person designated in writing to the other party as authorized to receive notices on behalf of the other party. Any mutual determination set out in a writing executed by the senior executives shall be final and binding upon the parties. However, should such senior executives fail to arrive at a mutual decision as to the Dispute within twenty (20) business days after the notice specified above has been delivered, either party may submit such Dispute to arbitration in accordance with the provisions set forth in this Section.

Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. The arbitration shall take place in Austin, Travis County, Texas.

Opt-Out Procedure

Users may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Termite Shield. The Notice must be postmarked no later than thirty (30) days after the date you accept this Agreement for the first time. The Notice must be mailed to: 2816 Bedford Rd., Bedford, TX 76021 to the attention of Policy.

This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of this Agreement, or any previous or future arbitration agreements that you have entered into with Termite Shield.

Not Authorized to Do Business In Every Jurisdiction

Termite Shield is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.

Entire Agreement; Severability

You acknowledge that you have read and understood this Agreement and that you agree to be bound by its terms and conditions. You further agree that this Agreement, together with the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the complete and exclusive statement of the Agreement between you and Termite Shield and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. If any provision of this Agreement is found unenforceable, it shall not affect the validity of this Agreement, which shall remain valid and enforceable according to its terms.

Contact Us

For further information, or inquiries about this Agreement, please contact:

TechWalk, LLC
2816 Bedford Rd.
Bedford, TX 76021
Phone: 1 (888) 229-0988
Email: Policy@TechWalk.com