Terms of service - Ever Pest
Welcome to the Antelix Terms of Service. This is an agreement (“Agreement”) between Antelix, Inc. (“Antelix"), the owner and operator of the everpest.com website along with any items sold or services offered via the website or other platforms (collectively the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.
Throughout this Agreement, the words “Antelix,” “us,” “we,” and “our,” refer to our company, Antelix, Inc., as is appropriate in the context of the use of the words.
The Site and any related services provided are owned and operated by Antelix including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Site or available via a link from Site to a page created by Antelix on another website (collectively, the “Antelix Content”). The Antelix Content is the sole property of Antelix and/or its licensors. All Antelix Content is protected by US and international copyright, trademark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Antelix Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Antelix is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Antelix Content.
Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security, intellectual property, legal, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, intellectual property, legal, or other reasons.
Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Antelix. Antelix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Antelix will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly release Antelix from any and all liability arising from your use of any third-party website.
Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site to stalk, harass, bully or harm another individual;
- You agree that you will not hold Antelix responsible for your use of the Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Antelix;
- You may only use the Site for personal and non-commercial purposes;
- You agree not to interfere with or disrupt the Site;
- You agree to not violate any US federal laws, state laws, or local laws while using the Site; and
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Antelix reserves the right to suspend or terminate your access at any time without notice or explanation.
The name “Ever Pest,” the design of the Antelix Site along with Antelix created items, text, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein (“Marks”), are owned by or licensed to Antelix. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Antelix reserves all rights to the Marks not expressly granted.
A user’s ability to submit or transmit any information through the Site, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Antelix does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Antelix, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content in any way we see fit. It is important for you to grant us this license so that we may transmit your User Content to other users through our Site. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Site.
Orders and Payment
Antelix may allow you to purchase items through our Site. When making a purchase you will be prompted to input your payment information or pay through a third-party payment portal. You agree that we may charge full amount listed at checkout to your credit card or other payment method listed including taxes and other fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. An order contract is not created until we process your payment and send you an order confirmation notice.
All orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty. Please be aware that any statements made by our customer service representatives or salespeople are non-binding in nature. We reserve the right to refuse shipments of items to you and to cancel any orders for any reason at any time. Orders generally take one (1) week to process and prepare for shipping; however, please be aware that some purchases may take additional processing time.
Returns and Refunds
We offer a thirty (30) day money back refund guarantee (“Refund Policy”), from the date of your receipt, on most items purchased on our Site. All refunded items must be in new, unopened, original condition, and unused. You may request a refund in the form of the payment method provided and you must follow all return instructions properly in order for us to issue you a refund. In order to intiate a refund request, you will have to contact us at firstname.lastname@example.org. You will receive a response from us acknowledging your refund request and additional directions. You are solely responsible for all return and shipping fees associated with the Refund Policy for any items that you wish to return for a refund. Failure to notify us regarding a return for any refund request shall be rejected. Upon receipt of your returned item, we shall inspect the item and at our discretion, may approve any refund requested . We reserve the right to reject any refunds for items we deem as returned in non-sellable condition, opened, damaged, altered, or used. Where a refund has been you will be refunded any amounts on your original payment method. Please be aware that refunds are not instaneous and there may be a delay in crediting any refund amount to your payment method.. Please be aware that we cannot issue any refunds for any sale items or items purchased with gift cards.
For all items sold on our Site, we offer a one (1) year limited warranty against any manufacturing defects. If you believe your item has a manufacturing defect, please contact us immediately. Where we determine that your item is damaged due to a manufacturing defect, we will repair the merchandise at no charge. Where we determine that the item is not damaged due to a manufacturing defect, we will contact you regarding the possible options for repair and the charges for such repair services. The warranty does not cover any items that have been purposely damaged or improperly maintained. Any alternations made by you or a third party shall void the warranty. Our manufacturing warranty does not cover damages due to normal wear and tear, trauma, item loss, theft, or, excessive activities. Our warranty does not cover damage or loss resulting from failure to obtain necessary repairs in order to maintain the integrity of the item. You are responsible for all shipping and handling charges related to any warranty claims.
If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
Credit Card Declines
Where your credit card has been declined after our items have been shipped to you. You agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
Shipping and Damages
At checkout you may be able to select from multiple shipping options. Shipping is generally available in the United States and other countries as listed at the time of checkout. Prices for each location may vary. Standard shipping times will apply. As we do not transport the items we cannot guarantee shipping times. Depending on the item’s shipping location, you may be issued a tracking number that allows you to check the status of your package; however, not all shipments will include tracking numbers. Before we can ship your order, Antelix must prepare your item and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment or if you believe that your item was damaged during shipping, please contact us immediately at email@example.com. We may be unable to provide you a replacement item where you fail to notify us promptly regarding any shipping damages.
RISK OF LOSS
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you and the carrier upon tender of the item to the third party shipping carrier.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
Item Issues, Availability, and Pricing
It is possible that some of the items listed on our Site may be incorrectly priced, improperly labeled, or unavailable. Additionally, other errors may be displayed on the item page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our item listings at all times. Although we try to keep all items on our Site available and on hand, there may be times where such items, or specific sizes or colors, are unavailable.
We attempt to have updated pricing on our Site. However, as many items are listed and as prices may consistently change, we cannot guarantee that any price displayed is the correct price for any of the items listed on our Site. In the event that any prices are mislabeled we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled.
Item Photos and Sizing
Please be aware that all photos of any items on the Site are for illustrative purposes only. Although we use reasonable efforts to ensure that our items are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not exactly match the actual item. The final items received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing and measurements are approximate and not exact.
Limitation of Liability; Representations and Warranties
USE OF THIS SITE INCLUDING ANY SERVICES PROVIDED, THE ANTELIX CONTENT, AND ALL ITEMS AND ITEMS PURCHASED, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT, THE SITE, ANY SERVICES, AND ALL ITEMS SOLD ON THE SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
- ANTELIX DOES NOT WARRANT THAT THE SITE, ANY SERVICES OFFERED, OR ANY ITEMS OR ITEMS SOLD WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) BE ACCURATE, FUNCTIONAL, OR RELIABLE.
To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Site, OUR services, AND OUR ITEMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Antelix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liablity to you will not exceed the total amount you have spent on your purchases via the site OR one hundred us Dollars ($100 USD), WHICEVER IS GREATER. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Antelix’s negligence or that of any of its officers, directors, agents, affiliates, or employees; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY ANTELIX CONTENT, OUR SERVICES, AND PRODUCTS/ITEMS SOLD, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US.
You agree to defend, indemnify, and hold harmless Antelix, its officers, directors, agents, affiliates, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
- Your use of any Antelix items and services;
- Your violation of any term of this Agreement; and
- Your use of the Antelix Site.
This defense and indemnification obligation will survive the termination or expiration of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name;
- The name of the party whose copyright has been infringed, if different from your name;
- The name and description of the work that is being infringed;
- The location on our website of the infringing copy;
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Antelix, firstname.lastname@example.org.
Choice of Law
This Agreement shall be governed by the laws in force in the state of Georgia. The offer and acceptance of this contract is deemed to have occurred in the state of Georgia.
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Antelix or the Site arising out of, relating to, or connected in any way with this Agreement or any items purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Atlanta, GA or at such other location as may be mutually agreed upon by you and Antelix; (3) the arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Antelix ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated (; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Antelix shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Fulton County, GA.
Class Action Waiver
You and Antelix agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, contagion, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Antelix are deemed to conflict with each other’s operation, you agree that Antelix shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.
You may terminate this Agreement by notifying us at email@example.com. We may terminate your access to the Site if we determine that: (1) you have violated any applicable laws while using our Site; (2) If you have violated this Agreement or any other of our Site policies; or (3) if we believe that any of your actions may harm the Antelix Site or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
All users who access the Site must be eighteen (18) years of age or older.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
The communications between you and Antelix use electronic means, whether you visit the Site or send Antelix e-mails, or whether Antelix posts notices on the Site or communicates with you via e-mail. For contractual purposes, you: (1) consent to receive communications from Antelix in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Antelix provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Antelix must be sent to our agent for notice to: firstname.lastname@example.orgLastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.