Terms of Use

Some legal stuff. Please read this before purchasing our products.

Updated on September 10, 2012 (the "Effective Date")

These Terms of Use (the "Terms") are an agreement between You and P & M Solutions, LLC
d/b/a DoMyOwnPestControl.com ("P&M"). The Terms apply to the
www.domyownpestcontrol.com website (the "Site") and the products and services offered
thereby, including, but not limited to, the sale and distribution (the "Services") of pest control
products manufactured by third-parties and distributed by P&M (the "Products"). The Terms
apply to Your use of the Site, the Products, and the Services. Please read these Terms carefully
before You enter the Site and/or use the Products or the Services. In these Terms, "You" or
"Your" means any person or entity using the Site, the Products or the Services. Unless otherwise
stated, "We" or "Our" will refer collectively to P&M and its subsidiaries, affiliates, managers,
officers, employees, agents and contractors.

If You do not agree to these Terms, please don't use the Site, the Products or the Services. As a
new or continuing user accessing the Site, the Products or the Services, You represent that You
have read, understood and agreed to the Terms, and consent to be bound by all of them, including
any future amendments or updates.

The Site or the Services is not for You to use if You do not accept the Terms, and to accept them,
You must not be a person who's been barred from using the Site or Services under the laws of the
United States or other countries, including the country in which You are resident or from which
You use the Site, the Products or Services.

Should You object to any of the Terms or any subsequent modifications thereto, or become
dissatisfied with the Site, the Products or the Services in any way, Your only recourse is to
immediately discontinue use of the Site. P&M has the right, but is not obligated, to strictly
enforce the Terms through self-help, community moderation, active investigation, litigation and
prosecution. These Terms may be changed at any time at Our discretion, and if We make
changes, We will post them here; please review these Terms each time You use the Site, the
Products or the Services to learn of such changes. Your continued use of the Site indicates Your
agreement to any and all changes.

To use the Services or purchase the Products, You must be at least 18 years of age. By using
Our Services, You certify that You are at least 18 years of age and that You agree to be bound by
these Terms. If You do not agree to be bound by these Terms or if You are not at least 18 years
of age, please immediately exit the site.

Use of P&M Services and Content. P&M authorizes You to view and access a single copy of
the content available on or from the Site solely for Your personal use. The contents of the Site
and the Services such as text, graphics, images, logos, button icons, software and other P&M
content (collectively, "P&M Content"), are protected under both United States and foreign
copyright, trademark and other laws. All P&M Content is the property of P&M or its content
suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all
content on the Site is the exclusive property of P&M and is protected by United States and
foreign copyright, trademark, and other laws. Unauthorized use of the P&M Content may violate
these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and
other proprietary notices contained in the original P&M Content on any authorized copy You
make of the P&M Content.

You agree not to sell or modify the P&M Content or reproduce, display, publicly perform,
distribute, or otherwise use the P&M Content in any way for any public or commercial purpose,
in connection with products or services that are not those of the Site, in any other manner that is
likely to cause confusion among consumers, that disparages or discredits P&M or its licensors,
that dilutes the strength of P&M's or its licensor's property, or that otherwise infringes P&M's or
its licensor's intellectual property rights. You further agree to in no other way misuse P&M
Content that appears on this Site or in the Services. The use of the P&M Content on any other
website or in a networked computer environment for any purpose is prohibited. Any code that
P&M creates to generate or display any P&M Content or the pages making up the Site is also
protected by P&M's copyright and You may not copy or adapt such code.

Site Restrictions. You may not use the Site or the Services in order to transmit, post, distribute,
store or destroy material, including without limitation, the P&M Content, (a) in violation of any
applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade
secret or other intellectual property rights of others or violate the privacy, publicity or other
personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You are also prohibited from violating or attempting to violate the security of the Site or
Services, including without limitation, the following activities: (a) accessing data not intended
for You or logging into a server or account which You are not authorized to access; (b)
attempting to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to interfere with service to
any other user of the Site or Services, host or network, including, without limitation, via means
of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or
"crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network security may result in civil and/or
criminal liability.

Specific Prohibited Uses. The Services, the P&M Content and other features of the Site may be
used only for lawful purposes by individuals for the purpose of purchasing the Products and
Services. P&M specifically prohibits any other use of the Site, and You agree not to do any of the
following: (a) use the Site for any purpose other than as an individual consumer of the Products
and Services, including but not limited to using the information in the Site to sell or promote any
products or services; (b) post or submit to the Site any incomplete, false or inaccurate
biographical information or information which is not Your own; (c) post on the Site any
franchise, pyramid scheme or "club membership"; (d) send unsolicited mail or e-mail, make
unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of
products or services to any other user(s) of the Site; (e) delete or revise any material posted by
any other person or entity; (f) take any action that imposes an unreasonable or disproportionately
large load on the Site's infrastructure; (g) notwithstanding anything to the contrary contained
herein, use or attempt to use any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate
or search the Site other than the search engine and search agents available from P&M on the Site
and other than generally available third party web browsers (e.g., Internet Explorer, Firefox,
Safari, Chrome); (h) decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Site; (i) aggregate, copy or duplicate in any
manner any of the P&M Content or information available from the Site, without express written
consent from P&M or (j) frame or link to any P&M Content or information available from the
Site.

Privacy Policy. When You register with the Site, You will be asked to create an account and
provide P&M with certain information including, without limitation, a valid email address (Your
"Information"). By agreeing to these Terms, You agree to the terms of the P&M Privacy Policy
and acknowledge that Information You submit will be used in accordance with P&M's Privacy
Policy.

User Content and Submissions. You understand that all information, data, text, software,
music, sound, photographs, graphics, video, advertisements, messages or other materials
submitted, posted or displayed by You on or through the Site ("User Content") is the sole
responsibility of the person from which such User Content originated. P&M claims no ownership
or control over any User Content. You or a third party licensor, as appropriate, retain all patent,
trademark and copyright to any User Content You submit, post or display on or through P&M
and You are responsible for protecting those rights, as appropriate. By submitting, posting or
displaying User Content on or through P&M, You grant P&M a worldwide, non-exclusive,
royalty-free license to reproduce, adapt, distribute and publish such User Content through P&M.
In addition, by submitting, posting or displaying User Content which is intended to be available
to the general public, You grant P&M a worldwide, non-exclusive, royalty-free license to
reproduce, adapt, distribute and publish such User Content for the purpose of promoting P&M
Services. P&M will discontinue this licensed use within a commercially reasonable period after
such User Content is removed from the Site. P&M reserves the right to refuse to accept, post,
display or transmit any User Content in its sole discretion.

You also represent and warrant that You have the right to grant, or that the holder of any rights
has completely and effectively waived all such rights and validly and irrevocably granted to You
the right to grant, the license stated above. If You post User Content in any public area of the
Site, You also permit any user of the Site to access, display, view, store and reproduce such User
Content for personal use. Subject to the foregoing, the owner of such User Content placed on the
Site retains any and all rights that may exist in such User Content.

P&M has no obligation to screen User Content, communications or information in advance and
is not responsible for screening or monitoring User Content posted any user of the Site. However,
P&M may review and remove any User Content that, in its sole judgment, violates these Terms,
violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or
violates the rights of, or harms or threatens the safety of, users of the Site. P&M reserves the
right to prevent You from further access to the Site and/or use of the P&M Services for violating
these Terms or applicable laws, rules or regulations. P&M may take any action with respect to

User Content that it deems necessary or appropriate in its sole discretion if it believes that such
User Content could create liability for P&M, damage P&M's brand or public image, or cause
P&M to lose (in whole or in part) the services of its ISPs or other suppliers.
P&M does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or
endorse any opinions expressed by users of the Site. You acknowledge that any reliance on
material posted by other users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Site. Prohibited Content
includes, but is not limited to, Content that: is implicitly or explicitly offensive, such as User
Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical
harm of any kind against any group or individual; harasses, incites harassment or advocates
harassment of any group or individual; involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming"; promotes or endorses false or misleading
information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or
libelous; promotes or endorses an illegal or unauthorized copy of another person's copyrighted
work, such as providing or making available pirated computer programs or links to them,
providing or making available information to circumvent manufacture-installed copy-protect
devices, or providing or making available pirated music or other media or links to pirated music
or other media files; contains restricted or password only access pages, or hidden pages or
images; displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other
manner, or solicits personal information from anyone under 18; or provides instructional
information about illegal activities or other activities prohibited by these Terms, including
without limitation, making or buying illegal weapons, violating someone's privacy, providing or
creating computer viruses or pirating any media; and/or solicits passwords or personal identifying
information from other users.

It is also a violation of these Terms, to include in any User Content submitted to the Site that may
be interpreted as direct solicitation, advertisement or recruitment for an available job position
directed to individuals seeking employment on either a full time or part time basis.

DISCLAIMERS. THE SITE, ITS CONTENT, THE PRODUCTS, SERVICES ARE
PROVIDED "AS IS" AND P&M MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS, SERVICES,
IMAGES, SITE OR ITS CONTENT INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW.

P&M DOES NOT WARRANT THAT ACCESS TO THE SITE OR ITS CONTENTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.

P&M DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, SERVICES OR CONTENT ON

THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE,
THE SERVICES AND THE PRODUCTS IS AT YOUR OWN RISK.
THE PRODUCTS DISTRIBUTED BY P&M THROUGH THE SITE ARE PRIMARILY PEST
CONTROL SUPPLIES AND PRODUCTS AND P&M DOES NOT WARRANTY THE
SAFETY OR THE EFFECTIVENESS OF ANY OF THE PRODUCTS SOLD ON THE SITE.
P&M IS NOT RESPONSIBLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY IN
CONNECTION WITH, ANY ARTHROPOD BITES, STINGS, OR DISEASES THAT OCCUR
IN CONNECTION WITH YOUR USE OF THE PRODUCTS AND SERVICES.
THE RECOMMENDATIONS FOR PESTICIDE USE OR TREATMENT FOR A SPECIFIC
PEST PROBLEM ON THE SITE OR RECOMMENDATIONS MADE THROUGH THE
DIRECT CONSULTATION OF ONE OF OUR EMPLOYEES OR AGENTS ARE FOR
GENERAL INFORMATIONAL PURPOSES ONLY. OUR RECOMMENDATIONS ARE
BASED ON LIMITED KNOWLEDGE OF YOUR AREA, YOUR HOME OR BUSINESS,
ENVIRONMENTAL FACTORS, PEST IDENTITY AND POPULATION AS WELL AS
NUMEROUS OTHER FACTORS AND ARE EXTREMELY GENERAL AND LIMITED IN
NATURE. FOR THE MORE EXACT RECOMMENDATIONS YOU SHOULD ALWAYS
CONSULT THE SERVICES OF A LICENSED PEST CONTROL PROFESSIONAL IN YOUR
AREA.

PESTICIDE CONTAINERS ALWAYS CONTAIN A PESTICIDE LABEL THAT CONTAINS
THE EPA REGISTRATION NUMBER AS WELL AS EXACT DIRECTIONS FOR USE. THE
FREE ADVICE GIVEN BY OUR EMPLOYEES OR AGENTS OR ANY OF THE PAGES ON
THE SITE FOR PESTICIDE APPLICATION OR USE (THE "FREE ADVICE") ARE BASED
ON COMMON APPLICATION PRACTICES IN THE PEST CONTROL INDUSTRY. THE
FREE ADVICE SHOULD NEVER BE CONSTRUED TO TAKE THE PLACE OF THE
PESTICIDE LABEL. IN THE U.S.A., THE PESTICIDE LABEL IS THE LAW AND A LEGAL
DOCUMENT. YOU AGREE TO ALWAYS READ AND FOLLOW THE LABEL
DIRECTIONS BEFORE USING ANY PESTICIDE PRODUCT.?? SOME OF THE
PRODUCTS SOLD ON THE SITE MAY REQUIRE THE SPECIAL LICENSING TRAINING
OR REGISTRATION OF THE USER WITH THAT USER'S COUNTRY, STATE, COUNTY,
CITY, PROVINCE, ETC. OUR PRODUCTS ARE SOLD THROUGHOUT THE U.S.A. W
REVIEW STATE AND LOCAL LAW PERIODICALLY AND UPDATE THE SITE
ACCORDINGLY, HOWEVER, WE ARE HEREBY DISCLAIM ANY AND ALL LIABILITY
RELATED TO THE USE OF THE PRODUCTS IN CONTRAVENTION OF ANY LAW,
ORDINANCE OR REGULATION OF ANY COUNTRY, STATE, COUNTY, CITY,
PROVINCE OR MUNICIPALITY. IT IS YOUR RESPONSIBILITY TO PROVIDE A
LICENSE, PERMIT, REGISTRATION ETC. IF REQUESTED BY YOUR LOCAL OR STATE
AUTHORITIES. MOST STATES OR COUNTIES IN THE U.S.A. WILL PROVIDE A
LICENSE OR PERSONAL USE PERMIT FOR A NOMINAL FEE. IT IS ALSO YOUR
RESPONSIBILITY TO VERIFY THAT ANY PRODUCTS PURCHASED ARE LICENSED
FOR DISTRIBUTION AND USE IN THEIR COUNTRY, STATE, COUNTY, CITY,
MUNICIPALITY AND/OR PROVINCE. ALL MONIES WILL BE PROMPTLY REFUNDED
IF ANY PRODUCT SHIPPED TO YOU IS FOUND TO BE ILLEGAL FOR USE OR
DISTRIBUTION, OR REGISTRATION FOR ANY REASON BY YOUR, COUNTRY,

STATE, COUNTY, CITY, PROVINCE, OR MUNICIPALITY, PROVIDED THAT SUCH
PRODUCTS HAVE NOT BEEN OPENED OR USED AND ARE RETURNED
IMMEDIATELY TO P&M. THE PRODUCTS WE SELL ARE INTENDED FOR PERSONAL
USE ONLY, IN ACCORDANCE WITH YOUR STATE'S LAWS AND RESTRICTIONS, AND
ARE NOT TO BE USED BY UNLICENSED PERSONS FOR COMMERCIAL PURPOSES.

LIMITATION ON LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
P&M, ITS OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES,
REPRESENTATIVES, SUPPLIERS, PARTNERS, LICENSORS OR EMPLOYEES SHALL
NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF P&M HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE
OF OR INABILITY TO USE THE SITE, THE REMOVAL OR TERMINATION OF THE
SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITE, YOUR
TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN THE CONTENT ON THE
SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THE
SITE, OR ANY OTHER MATTER RELATING TO THIS SITE OR THAT MAY RESULT
FROM YOUR ACCESS TO OR USE OF THE SITE OR THE P&M CONTENT. IN NO
EVENT SHALL P&M’S LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE
USE OF THIS SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID
TO P&M DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE OR PRODUCT AT
ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS.

YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT P&M, ITS OFFICERS,
DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES,
SUPPLIERS, PARTNERS, LICENSORS OR EMPLOYEES SHALL NOT BE LIABLE FOR
ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM YOUR
WRONGFUL USE OF THE SITE IN VIOLATION OF ITS TERMS OR THE P&M
CONTENT, THE PRODUCTS OR THE SERVICES AND/OR YOUR BREACH OR
ALLEGED BREACH OF THESE TERMS.

THE FOREGOING DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS
SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR
EXPENSES ARE THE RESULT OF P&M’S OWN NEGLIGENCE, FRAUD, WILLFUL
INJURY OR WILLFUL VIOLATION OF LAW.

Indemnification. You shall indemnify, defend, and hold harmless P&M, its affiliates,
and their respective officers, managers, employees, agents, subsidiaries, affiliates, licensors and
representatives from any and all claims, demands, damages, costs, and liabilities, including reasonable 
attorneys' fees, made by any third-party due to or arising out of Your acts or omissions
that arise from Your wrongful use of the Site in violation of its terms, the P&M Content, the
Products or the Services and/or Your breach or alleged breach of these Terms. P&M reserves the
right to assume the exclusive defense and control of any matter otherwise subject to
indemnification by You, and You agree to cooperate as fully as reasonably required in the
defense of any claim. The foregoing indemnification provision shall not apply to the extent that
any claims, demands, damages, costs, or liabilities, are the result of P&M’s own negligence,
fraud, willful injury or willful violation of law.

Ownership of Our Website. All of the content on the Site, including without limitation, the
graphics, design, photos, videos and look and feel are owned by P&M and are protected by
United States and international copyright, trademark, patent, trade secrets and other intellectual
property rights protection. The P&M logos are trademarks owned by P&M and may not be used
or reproduced without Our written permission. In addition, You may not reverse engineer,
de-compile, or otherwise disassemble software included on the Site.

Third Party Software. P&M may make software from third-party companies available to You.
To download such software, You may be required to agree to the respective software licenses
and/or warranties of such third-party software. Each software product is subject to the individual
company's terms and conditions, and the agreement will be between You and the respective
company. This means that P&M does not guarantee that any software You download will be free
of any contaminating or destructive code, such as viruses, worms or Trojan horses. P&M does
not offer any warranty on any third-party software You download using the Site.

International Use. P&M makes no representation that materials on this Site, the Products or the
Services are appropriate or available for use in locations outside the United States, and accessing
them from territories where their contents are illegal is prohibited. Those who choose to access
the Site from other locations do so on their own initiative and are responsible for compliance
with local laws.

Ordering Products. After placing an order for a Product on the Site, You will receive an email
from P&M confirming that We have received Your order ("Order Confirmation"). This does not
mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Product
and any order placed through the Site is subject to acceptance by Us, and We will confirm Our
acceptance by sending You an email confirming the shipment of Your order (the "Shipping
Confirmation Email"). A contract with Us will only be formed when We send You the Shipping
Confirmation Email. The contract will relate only to those Products whose shipment We have
confirmed have shipped in the Shipping Confirmation Email. We reserve the right to cancel Your
order at any time before We have accepted it and We may rescind Our acceptance and cancel
Your order where there has been an obvious error in price or where the Product is no longer in
Our or Our third party fulfillment provider's stock.

Prices and availability of Products on the Site are subject to change without notice. Our Site
contains a large number of Products and it's possible that some of the Products listed on Our Site
may be incorrectly priced, even though We do Our best to ensure accuracy. If a Product's correct
price is higher than the price stated on Our Site, We may, at Our discretion, contact You for
instructions before shipping the Product or notify You that We have rejected Your order. We are
under no obligation to provide the product to You at an incorrect lower price, even after We have
sent You an Order Confirmation or a Shipping Confirmation Email. You acknowledge that
Products may sell very fast and it may be the case the Product You ordered is no longer available.
You agree that We may cancel Your order after You have received an Order Confirmation
without penalty. It's even possible that You may receive a Shipping Confirmation Email, but the
Product is no longer available in Our stock. You agree that We may rescind Our acceptance and
cancel Your order without penalty if We are unable to ship the Product You ordered due to
unavailability.

Collection of Taxes. In states where We do not have a physical presence, We may not be
required to collect and remit sales tax for Site purchases. However, many states require that their
residents file a sales or use tax return for Products purchased on this Site. You should consult
Your state and local tax laws to determine compliance with tax laws and regulations in Your
jurisdiction. In some states, We do collect and remit sales tax. For purchases where sales tax is
applicable You will see the tax calculated on the checkout page before You are asked to confirm
the purchase. We use commercially reasonable efforts to compute and remit the correct amount
of tax required on each taxable purchase, however, We do not guarantee the accuracy of the
amount of the tax shown as the tax owed. As a result of any error, We may overcollect or
undercollect Your tax. In consideration of Our allowing You access to and use of the Site, and in
collecting and remitting taxes required on Your purchases, You hereby waive Your right to claim
that the tax collected on any purchase is incorrect in any respect and agree to hold harmless
P&M, its officers, directors, employees, agents and representatives, for any harm or other
damages You may incur as a result of Our error in calculating the taxes You owe for Your
Product purchases.

Shipping. The term "shipping" or "ship" includes the commencement of shipping Products in an
order for multiple purchases or where the Product purchased consists of components that must be
shipped separately. Your order may consist of Products that require shipment in separate
packages. In all such orders, We try to ship out individual packages together so that they arrive at
the same time; however, in some instances, We commence shipping by shipping individual
packages in the order the soonest they are available. In such case, Our notification to You that
Your order has "shipped," indicates the time when shipping has commenced and does not mean
that all Products in the order have shipped at that time. You agree that credit cards and debit
cards are to be charged on the date of inventory reservation for the order, not the date of
shipping. All items purchased from domyownpestcontrol.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to You upon tender of the
item to the carrier.

Other Terms. These Terms shall be governed by and construed in accordance with the laws of
the State of Georgia, without giving effect to any principles of conflicts of law. You agree that
any action at law or in equity arising out of or relating to these Terms shall be filed only in the
state or federal courts located in Gwinnett County and You hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any such action. If any provision
of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from these Terms and shall not affect the validity and enforceability of any
remaining provisions. You acknowledge and agree that except as specified herein, no
representations, warranties or promises of any kind have been made to You by P&M regarding
the use of the Site, the P&M Content, the Products or the Services.