Agreement Between User and obexpest.com

Welcome to obexpest.com. The obexpest.com website (the “Site”) is comprised of various web pages operated by OBEX Pest Defense, LLC (“OBEX”). obexpest.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of obexpest.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy for your reference.

Purpose of the Site

obexpest.com is an e-commerce and informational platform intended for:

• Solicitation of subscription-based pest control

• Informational purposes for existing customers

Privacy

Your use of obexpest.com is subject to OBEX’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection and handling practices.

Electronic Communications

Visiting obexpest.com or sending emails to OBEX constitutes electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications provided to you electronically via email and on the Site satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

OBEX does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use obexpest.com only with permission of a parent or guardian.

Refund and Cancellation Policy

You may cancel your pest control subscription at any time. Within the first twelve (12) months of beginning service, you may be subject to a cancellation fee.

You, the buyer, may cancel your transaction at any time prior to midnight of the third business day after the date of your Pest Control Service Agreement. If the customer cancels the transaction before midnight of the third business day and service was rendered, the customer is responsible to pay the discount received on the initial service.

Refunds may take 7 to 10 business days to fully process with a financial institution, once initiated. Allow up to 30 business days for check refunds.

Links to Third-Party Sites and Services

obexpest.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OBEX, and OBEX is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. OBEX provides these links as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators.

Certain services made available via obexpest.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the obexpest.com domain, you acknowledge and consent that OBEX may share necessary information and data with any third party with whom OBEX has a contractual relationship to provide the requested product, service, or functionality.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use obexpest.com strictly in accordance with these Terms of Use.

As a condition of your use of the Site, you warrant to OBEX that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

All content included as part of the Site—such as text, graphics, logos, images, as well as the compilation thereof, and any software used—is the property of OBEX or its suppliers and protected by copyright and other intellectual property laws. You agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works from, or in any way exploit any of the content found on the Site.

You may not delete or alter any copyright or proprietary notices from content. You do not acquire any ownership rights in protected content. Use of the Site does not entitle you to any license other than as granted herein.

International Users

The Site is controlled, operated, and administered by OBEX from offices within the United States. If you access the Site from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not use OBEX content accessed through obexpest.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless OBEX, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, any user postings made by you, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws or regulations.

OBEX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to fully cooperate with OBEX in asserting any available defenses.

Arbitration

If a dispute arises out of or relates to these Terms and Conditions, and the parties are unable to resolve it through informal discussions, the matter shall be resolved exclusively by final and binding arbitration under the Federal Arbitration Act. Arbitration shall be conducted by a single neutral arbitrator, administered by the American Arbitration Association or a similar service agreed upon by the parties, in a location mutually selected.

The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court with jurisdiction. In any legal or arbitration proceeding, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

This arbitration agreement applies to all claims, including tort, contract, statutory, or equitable claims. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and it shall survive the termination of these Terms.

Class Action Waiver

All arbitration must be conducted on an individual basis. Class arbitrations, class actions, collective actions, or representative proceedings are not permitted.

You and OBEX agree that any claims may only be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate the claims of more than one individual or preside over a class or representative proceeding unless both parties agree otherwise.

Liability Disclaimer

The information, software, products, and services included on or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. OBEX Pest Defense, LLC and its suppliers may make improvements or changes to the Site at any time.

OBEX Pest Defense, LLC and its suppliers make no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such content is provided “as is” without warranty or condition of any kind. OBEX Pest Defense, LLC and its suppliers disclaim all warranties and conditions, express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall OBEX Pest Defense, LLC or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages whatsoever, including without limitation damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising from the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if OBEX Pest Defense, LLC or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the Site or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

Termination and Access Restriction

OBEX reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. This agreement is governed by the laws of the State of Colorado, and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising from or relating to use of the Site.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

DMCA Copyright Infringement Policy

OBEX respects the intellectual property rights of others. If you believe your copyrighted work has been copied and is accessible on obexpest.com in a way that constitutes copyright infringement, you may notify us by providing the following information in writing:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner

• A description of the copyrighted work that you claim has been infringed

• A description of where the material is located on the Site

• Your address, telephone number, and email address

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• A statement by you, made under penalty of perjury, that the above information is accurate and that you are authorized to act on behalf of the copyright owner

Please send notices to: support@obexpest.com.

Changes to Terms

OBEX reserves the right, at its sole discretion, to modify these Terms at any time. The most current version will supersede all previous versions. OBEX encourages you to periodically review the Terms to remain informed of updates. Continued use of the Site after changes are posted constitutes your acceptance of the modified Terms, provided they are lawful.