Terms of Use & Conditions of Sale

Overview

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING OR PLACING AN ORDER THROUGH OUR SITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 18 AND 19). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

By accessing, using, or placing an order on www.bugmd.com ("Site"), including any sub-domains or affiliated websites, you agree to these Terms set forth by Gentle Pest Control Agency ("BugMD," "we," "our," or "us"). If you do not agree, you are not authorized to use the Site.

IMPORTANT: THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. PLEASE REVIEW SECTION 20 REGARDING YOUR RIGHTS.

You can view the most current version at this page. Continued use constitutes acceptance of updates.

Table of Contents

1. Site Use
2. Privacy and Security Disclosure
3. No Resale
4. Accuracy, Completeness, and Timeliness of Information
5. Modifications to the Site and Prices
6. Intellectual Property
7. User Conduct
8. Account Registration
9. Payment
10. Subscriptions and Cancellation Policy
11. Order Placement and Acceptance
12. Shipping
13. Delivery Confirmation
14. Satisfaction Guarantee, Return, and Refunds
15. Social Media
16. Copyright Notice
17. Disclaimer of Warranties
18. Disclaimer of Liabilities
19. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
20. Indemnification
21. Third-Party Websites and Links
22. Third Party Pixels and Cookies
23. Testimonials, Reviews, and Other Submissions
24. Electronic Communications
25. Assignment
26. No Waiver
27. Severability
28. Termination
29. Entire Agreement
30. Questions or Additional Information

1.0 Site Use

BugMD's Site is intended for adults. By using the Site, you confirm you are of legal age in your state and have the legal capacity to enter into this Agreement.

2.0 Privacy and Security Disclosure

See our Privacy Policy at https://bugmd.com/products/bugmd-essential-pest-concentrate. It is incorporated into this Agreement. We may update it at our discretion.

3.0 No Resale

You agree to use products/services for personal use only and not for resale, redistribution, or export.

4.0 Accuracy, Completeness, and Timeliness of Information

We strive for accuracy but errors may occur (e.g., product descriptions, pricing, shipping). We reserve the right to correct and update information or cancel orders without notice.

Some content may be historical and not current. We may update content but are not obligated to. It's your responsibility to check for changes.

5.0 Modifications to the Site and Prices

We may modify or discontinue access to the Site without notice. Product pricing and availability may change anytime. Some items are limited and may be subject to return/exchange per our policies.

6.0 Intellectual Property

All content (text, graphics, media, features, etc.) and trademarks are owned by Gentle Pest Control or licensors. You may view/download for personal, non-commercial use only. No ownership rights are transferred to you. All rights reserved.

15.0 Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use ("Social Media Presence").

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of BugMD, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

16.0 Copyright Notice

The Site maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:
Gentle Pest Control Agency
Attn: Copyright Agent
822 Guilford Avenue #1835
Baltimore, MD 21202
Email: ian@gentlepestcontrol.com
Tel: 949-502-0148

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information:

1. Description of the copyrighted work that is the subject of claimed infringement;
2. Description of the infringing material and information sufficient to permit us to locate the alleged material;
3. Contact information for you, including your address, telephone number and/or e-mail address;
4. A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law;
5. A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed;
6. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.

Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

17.0 Disclaimer of Warranties

EXCEPT WHERE PROHIBITED BY LAW, THIS SITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT:

• OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR
• THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.0 Disclaimer of Liabilities

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Gentle Pest Control OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY'S USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT.

THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.

IF Gentle Pest Control IS FOUND LIABLE UNDER ANY THEORY, BUGMD'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

19.0 Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Gentle Pest Control ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

ARBITRATION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16.

a. General

"Claim" means any dispute between you, BugMD, or any involved third party relating to your account, use of the Site, your relationship with BugMD, these Terms, or the Privacy Policy. This includes all claims related to products or services and any communications from Gentle Pest Control or a third party on BugMD's behalf.

By agreeing to arbitrate, you waive the right to go to court and agree instead to submit Claims to final and binding confidential arbitration.

However, the following exceptions apply:

• (a) A representative action for public injunctive relief under California law may be arbitrated on a class basis;
• (b) If clause (a) is deemed unenforceable, such actions may be brought in state or federal courts in Orange County, California on a class basis;
• (c) All other claims must be arbitrated individually.

b. Exceptions

Exceptions to final and binding arbitration include:

• Small claims court cases filed on an individual basis within the jurisdictional limits;
• Gentle Pest Control actions relating to infringement or validity of intellectual property rights;
• Gentle Pest Control actions for injunctive or provisional relief related to this Agreement.

All matters excluded from arbitration must be adjudicated only in the state or federal courts located in Orange County, California.

7.0 User Conduct

You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site and its products or services, you agree not to:

• Restrict or inhibit any other visitor from using or enjoying the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
• Use the Site for any unlawful purpose;
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
• Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising;
• "Frame" or "mirror" any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," "scrape," "harvest," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about visitors to the Site without their express consent;
• Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site; or
• Transmit any Content which contains software viruses or other harmful computer code, files, or programs.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

Gentle Pest Control has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

8.0 Account Registration

In order to access some of the products or services of the Site, you will be required to create an account. By creating this account, you agree to the following:

• You may only maintain a single account;
• You may never share your account user name or password or knowingly provide or authorize access to your account;
• You may never use another user's account without permission;
• When creating your account, you must provide accurate and complete information;
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
• You must notify us immediately of any breach of security or unauthorized use of your account; and
• You will be liable for any use made of your account or password and the losses of Gentle Pest Control or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

Gentle Pest Control has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site.

9.0 Payment

All charges are in U.S. Dollars.

By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card's updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

10.0 Subscriptions and Cancellation Policy

If you go to the Site to purchase a product or service, you may have the option of buying a product one time, or enrolling in our Subscribe & Save Program. If you purchase a subscription, your payment method will be automatically billed at the then-current rate (plus sale tax, if applicable) and you will receive a new product every 30, 60, or 90 days (depending on the option you selected) until you cancel the subscription. If you wish to cancel your subscription, you may do so at any time; however, you must cancel your subscription twenty-four (24) hours prior to your next scheduled order.

By allowing each renewal to proceed, you have provided your electronic authorization for us to charge the payment method you have on file. If you have more than one payment card on file, the first card will be used. If you have more than one payment card on file, and one or more payment cards have expired, we will use the unexpired payment card.

Contact us by chat, email (ian@gentlepestcontrol.com), or phone (949-502-0148) to cancel your membership.

11.0 Order Placement and Acceptance

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

12.0 Shipping

Gentle Pest Control ships to addresses located in the United States and internationally. Domestic orders generally ship within 24-48 business hours of the time of placement, and typically arrive within 5-10 days of shipment. Delivery times for international orders vary by location.

Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately by chat, email (ian@gentlepestcontrol.com) or phone (949-502-0148). You must contact us as soon as possible in order to modify or cancel your pending order. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

13.0 Delivery Confirmation

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to you, even without a signature.

14.0 Satisfaction Guarantee, Return, and Refunds

Gentle Pest Control wants you to be satisfied with your experience with us so we have made returning or exchanging products easy. If you are dissatisfied with our product, you may return or exchange the unused portion of the product up to thirty (30) days from the date of delivery for a refund, less return shipping costs and a $9.95 return processing fee.

To obtain a refund or store credit, you must return any unused portion of your order, your return must be approved, and the return must be received within forty-five (45) days of the date of delivery. Return shipping costs and processing fees will be deducted from the amount refunded. You will not be refunded the cost to ship the products to you.

The following terms apply for all returned items:

• To initiate a refund or exchange, contact us by chat, email (ian@gentlepestcontrol.com) or phone (949-502-0148). You will be given a Return Merchandise Authorization (RMA) number and details for shipping.
• We cannot process or refund packages marked "Return to Sender."
• Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.
• Send returns to the address provided along with your RMA number. The RMA number must be clearly written

  c. Required Pre-Dispute Procedures

  Before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Gentle Pest Control Agency, Attn: Legal Department, 30 N Gould St Suite 20214 Sheridan, WY 82701. Gentle Pest Control will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Gentle Pest Control or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.

  d. Commencing Arbitration

  You and Gentle Pest Control agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

  e. Arbitration Location

  If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Orange County, California unless Gentle Pest Control otherwise agrees to arbitrate in another forum requested by you.

  f. Organization, Rules and the Arbitrator

  We each agree that any and all Claims other than those exempted under subsection "b" above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association ("AAA"). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection "d" above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the AAA's Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or BugMD.

  g. Fees

  Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules.

  h. Governing Law and Award

  The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  i. Enforceability

  This provision survives termination of your account or relationship with BugMD, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

  j. Miscellaneous

  Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Green Pest Guard and shall not be modified except in writing by BugMD.

  k. Amendments

  Gentle Pest Control reserves the right to amend this arbitration provision at any time. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of a Gentle Pest Control product or service, constitutes your consent to such changes.

  YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT Gentle Pest Control Agency, ATTN: LEGAL DEPARTMENT, 822 GUILFORD AVENUE #1835 BALTIMORE, MD 21202. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

  20.0 Indemnification

  To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless BugMD, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

  21.0 Third-Party Websites and Links

  Our Site may include materials from third-parties or links to third-party websites. Green Pest Guard is not liable for any third-party materials or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

  22.0 Third Party Pixels and Cookies

  When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting Retention.com.

  23.0 Testimonials, Reviews, and Other Submissions

  Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Submissions represent the unique experience of the submitting customers, and do not necessarily reflect the experience that you may have using our products. Gentle Pest Control reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Gentle Pest Control shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

  24.0 Electronic Communications

  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

  25.0 Assignment

  You may not assign any of your rights under these Terms, and any such attempt will be null and void. Gentle Pest Control and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of BugMD's business is transferred to another entity by way of merger, sale of its assets, or otherwise.

  26.0 No Waiver

  No waiver by Gentle Pest Control of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Gentle Pest Control to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  27.0 Severability

  In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

  28.0 Termination

  In the event that we terminate this Agreement, Sections 1-29, as well as any representations, warranties, and other obligations regarding the use of the Site, products or services, will survive termination of this Agreement.

  29.0 Entire Agreement

  These Terms, together with the Privacy Policy, any and all order forms, and all other legal documents incorporated by reference herein, constitute the entire agreement between you and Green Pest Guard regarding your use of the Site and purchase of products. Any prior or contemporaneous communications or agreements, whether electronic, oral, or written, between you and Green Pest Guard regarding your use of the Site and purchase of products are superseded by this Agreement.