NOTICE OF CANCELLATION

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION, AT ANY TIME PRIOR TO MIDNIGHT OF THE
THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED
CUSTOMER’S RIGHT TO CANCEL FORM FOR AN EXPLANATION OF THIS RIGHT.

 

TERMS AND CONDITIONS

1. The customer agrees to receive and pay for all services as outlined on this agreement and to make the premises available for1st Choice Pest Solutions(“1CPS”) toperform such services.

2. This agreement is for treatment only. The only obligation of 1CPS under this agreement is to provide the treatments as outlined.

3. 1CPS is not liable for any actual or consequential damages to the property or contents sustained by customer as a result of bedbugs, rodents, orother insects and/or rodents. 1CPS is not liable for any form of repairs to buildings or contents. 1CPS is not liable for any injury or damages resulting fromcontact with a product used by 1CPS to treat the premises. 1CPS’s liability under this Agreement is limited to the amount paid by thecustomer to1CPS for services rendered in the last twelve (12) months.

4. Covered pests include odorous house ants, Asian beetles, Boxelders, Stink bugs, Earwigs,Yellow
Jackets,Beetles, Pill Bugs,Crickets, wasp, hornets, bees (except honey bees), and American roaches.

5. Not covered pests include Honey bees,Carpenter bees, Carpenter Ants, bed bugs, flying insects, termites, wood destroying insects, Lawn & Ornamental pests, voles, moles, molds & fungi, rodents-rats, mice (unless selected in this agreement), other vertebrate pests (such as raccoons, squirrels, and opossums), and any other pest not listed as a covered pest by this agreement.

6. Fleas and ticks are covered conditionally. Customersagree to have pets and yard treated within 24 hours of our treatment to ensure long-term control. 1CPS’s treatments alone will not stop flea/tick infestations but will reduce the population until pet medications and/or yard treatments can eliminate the issue. If the issue is related to a wildlife infestation that must also be eliminated for free reservices to continue. Customer acknowledges and accepts these conditions.1CPS is not responsible for any flea or tick borne diseases due to an infestation.

7. Spiders and stinging insects on the structure up to 12 feet are covered by this Agreement. Spiders in the landscape are not covered.

8. 1CPS’sonly obligation is to retreat the structure(s) if covered pests are found. Accordingly, Customer agrees that this Agreement does not cover, and 1CPSshall not be responsible or liable for, any of the following: (a) preventing all pests, and 1CPS cannot guarantee you will never see another pest, (b) personal expenses or
economic damages such as lodging, meals, transportation, medical, gas, utilities, or reimbursement for loss of quiet enjoyment,, loss of use or diminution in value of the structure(s); or any indirect, special, or consequential damages, including loss of anticipated or actual profits, income or business opportunities, which arose as a result of an infestation of or damage caused by any service provided under this Agreement, (c) with the exception of prevailing party fees awarded as a result of any collection action, attorney’s fees of any kind, including those provided by any statute (including proposals for Settlement) and any state or federal rule of procedure, (d) injury or death to any domestic pets or feral animals, (e) damage caused by 1CPS to trees, shrubs, flowers, sprinkler systems or portions of Structure(s) that interfere with the services provided under this Agreement.

9. No provision within this Agreement should be construed to mean that pests will never infest, reinfest, or damage the structure(s). These specific exclusions are in addition to any and all other exclusions, disclaimers, limitations, or conditions contained within this Agreement.

10. Customeragrees to cooperate with 1CPS during the term of this Agreement by avoiding and eliminating those conditions or factors that might contribute to pest infestations or disrupt the effectiveness of the treatments. These conditions include, but are not to be limited to, construction defects, trash and sanitation issues, build-up of pest harborage sites, and moisture leaks in the structure.

11. The Customer also agrees to inspect incoming items for pre-existing pest infestations. In no event is 1CPS responsible for any additional service or damage to the structure(s) or its contents resulting from conditions conducive to a pest infestation. Customer agrees to eliminate any conducive conditions identified within sixty (60) days of1CPS written notification of such conditions. Customer’s failure to eliminate the conducive condition within sixty (60) days of 1CPSwritten notification will render this Agreement voidable, in whole or in part by 1CPS.

12. If Customer or an occupant of the structure(s) knows, or believes, that he or she may be sensitive to pesticides, written notice must immediately be provided to 1CPSprior to any treatment or retreatment performed on the Structure(s). 1CPSreserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide this notification represents Customer and occupants’ assumption of the risk and waiver of any claims against 1CPS in connection with such sensitivity. Customer further agrees to indemnify, protect and hold harmless 1CPS from any and all chemical sensitivity claims, causes, actions, judgments, costs, attorney's fees, expenses and losses of every kind and character, whether direct or indirect, brought by Customer or other occupants of the
Structure(s), if Customer fails to provide the above written notice.

13. Customer and 1CPS agree that any and all controversies or claims between them arising out of or relating to this Agreement, or the breach thereof, shall be settled solely and exclusively by arbitration administered by the 1 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. Such arbitration shall be conducted in Eau ClaireCounty, Wisconsin, using the substantive law of Wisconsingoverning the issue or claim in dispute. The arbitrator shall be independent, mutually agreed upon, an 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. Neither party shall sue the other where the basis of the suit is or arises out of this Agreement, other than for (1) enforcement of this arbitration provision, (2) appointment of an arbitrator if one cannot be mutually agreed upon, or (3) enforcement of the arbitrator’s decision. The Parties agree that the sole
and exclusive venue of any suit shall be Eau ClaireCounty, Wisconsin. All costs, expenses, and fees of arbitration and settling a controversy shall be borne equally by the parties. This arbitration provision shall survive cancellation, expiration, or termination of this Agreement.

14. This Agreement is transferable to a new owner of the Structure(s) at 1CPS’s discretion.

15. Customers may cancel this agreement at any time by sending written notice to 1CPS. Customer agrees to pay all balances due up to that point in time.1CPS’s responsibilities, duties, obligations, and any liabilities under this Agreement shall be terminated if1CPSis prevented or delayed from fulfilling any of its duties, obligations, or responsibilities under the terms of this Agreement by reasons or circumstances beyond its control or by the Customer’s interference or refusal to provide1CPSwith access to Structure(s). Customer agrees to provide unimpeded access to the treated Structures on the property for any inspections or treatment as deemed necessary by1CPS. If payment for services is not received by the due dates on this agreement, 1CPS’sresponsibilities, duties, obligations, and any liabilities under this Agreement shall also be immediately terminated.

16. 1CPSagrees to hold the pricing on the front of this agreement without any increases for the first year of service after the date of this agreement. After one year, 1CPS can increase the pricing up to 5% at their discretion without prior notice to customers.

17. Customer agrees that if any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

18. Cancellation of this agreement prior to the end of the 12-month period will result in forfeiture of all coupons and discounts.

19. All payments are due in full within 30 days from the service date. A 1.5% monthly finance charge will be added to invoices that areover 30 days past due. When the account is determined to be severely delinquent, any applicable termination fees will be added to theoutstanding balance as well as reasonable collections fees. The account will then be placed with a certified collection agency or an attorneyfor collections. Customers failure to make payment in full in a timely manner shall terminate this agreement in its entirety immediatelywithout further notice or action by 1CPS and discharge 1CPS from any obligation to customer.

20. The customer agrees that if 1CPSis unable to gain access to the entire property because of locked gates, dogs, or any other reason, servicewill be performed on the areas that are accessible, and the customer will be charged the full-service rate. However, 1CPS agrees to returnand treat the un-accessible areas or any other areas experiencing pest activity upon the customer’s request throughout the duration ofthe service period.

21. The customer authorizes 1CPS to save any and all routing, account, debit, and/or credit card information to initiate funds transfers, monthly billing, and/or charges from customers account for past due service payments and/or forfeited discounts or coupons.

22. 1CPSmay transfer and/or assign its rights and obligations hereunder to any successor to its business by merger or acquisition or to anyparty acquiring the assets without the customer’s prior consent.

23. By providing an email address and phone number on this agreement, the Customer is consenting to receive emails, SMS, and phone calls regarding servicealerts, new services and special promotions. 1CPS keeps all email addresses and phone numbers strictly confidential and used solely forcommunication from 1CPS.

24. Class, Collective and Representative Action Waiver All claims between you and 1CPS must be brought in the customers individualcapacity and not as a plaintiff or class member in any purported class, collective or representative proceeding. The customer expresslywaives any right with respect to any covered claims to submit,
initiate, or participate in a representative capacity as a plaintiff, claimant ormember in a class action, collective action, or other representative or joint action, regardless of whether the action is filed in arbitration orin court. Claims may not be joined or consolidated in arbitration with disputes brought by other individual(s), unless agreed to in writingby all Parties. Furthermore, if a court orders that a class, collective, or other representative or joint action should proceed, such action mayonly proceed in court, and in no event will such action proceed in the arbitration. A party may lawfully seek enforcement of this provisionand seek dismissal of class, collective or representative actions or claims.

25. Product and Service Disclaimer. No claims, representations or warranties, whether express or implied, are made by 1CPS as to thesafety, reliability, durability and performance of any of the products or services. Furthermore, 1CPS accepts no liability for the safety, reliability, durability and performance of any products or services.