Corky’s Website Terms and Conditions
Terms and Conditions (“Terms”)
Last updated: January 10, 2018
Your access to and use of this website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the website.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Corky’s Pest Control, Inc.
Corky’s Pest Control has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Corky’s Pest Control shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 1 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Certain features or services offered on or through this website may require you to open an account (including setting up a username and password) or create a profile for use in applying for something (for example, a job). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to this website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Corky’s Intellectual Property
The words “Corky’s Pest Control, Inc.” are a registered trademark in the United States. The entire contents of this website, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations and software, are the property of Company, and are protected by domestic and international trade dress, patent, copyright and trademark laws and various other intellectual property rights and unfair competition laws.. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the website contents without our prior express written consent.
Your submissions of files, including, but not limited to: resumes, email, flash movies, images, logos, audio loops and other software hereby constitutes your agreement to grant us a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense and publicly display any such submissions. You also grant us the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
We provide the Corky’s website and services “as is” and “as available”and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. in addition, no advice or information (oral or written) obtained by you from Corky’s shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
In no event will we be liable, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages), arising out of or in connection with any use of, the inability to use, or the results of use of this web site or its content, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event will we be liable or responsible for any errors or omissions in the content of this web site, including, without limitation, errors in pricing or availability of services and products, or damages that may result from misrepresentation of age by a user of this website.
For any dispute you have with Corky’s, you agree to first contact us and attempt to resolve the dispute with us informally. If Corky’s has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless you and Corky’s agree otherwise, the arbitration will be conducted in San Diego. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that upon your request, Corky’s will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CORKY’S ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Our website is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. These Terms shall be governed by the laws of the State of California unless otherwise specified herein. You agree to submit to the personal jurisdiction of a state court located in San Diego.
If you have any questions about these Terms, or the practices of our websites, please contact us. Corky’s Pest Control
909 Rancheros Rd.
San Marcos, CA 92069