Mosquito Mary’s, Inc. Terms
Terms and Conditions
The following terms and conditions apply to all Mosquito Mary’s, Inc. Web Sites that are owned, operated, and maintained by or for Mosquito Mary’s, Inc. and its United States subsidiaries and affiliates (“Mosquito Mary’s, Inc.”) including (1) Mosquito Mary’s, Inc..com and other Mosquito Mary’s, Inc. websites on which these terms and conditions are linked; (2) Mosquito Mary’s, Inc. mobile applications; and (3) the social media accounts and/or pages that we control. Mosquito Mary’s, Inc. websites, applications, and social media accounts are collectively referred to in these terms and conditions as the “Site”.
These terms and conditions do not apply to: (1) a limited number of Mosquito Mary’s, Inc. websites that are governed by separate terms and conditions or (2) your interaction with or use of the website of any Mosquito Mary’s, Inc. franchisee. If you enter into an agreement for services with us (a “Service Agreement”), and a conflict exists between your Service Agreement and these Terms, the Service Agreement will preempt these Terms to the extent necessary to resolve the conflict.
By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.
We may, in our sole discretion, modify these Terms from time to time with or without notice to you. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
Jurisdiction and Governing Law
Mosquito Mary’s, Inc. makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. Mosquito Mary’s, Inc. does not intend this Site to be viewed or accessed outside the United States. By entering this Site, you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to the laws of the State of Tennessee, without regard to conflicts of laws principles. If you use this Site from other locations, you are responsible for compliance with any and all applicable local laws.
Disclaimer of Warranties
This Site, and all information and materials contained herein, is provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Mosquito Mary’s, Inc. and all parties involved in creating, producing, or delivering this Site use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES WITH RESPECT TO ANY DOWNTIME, DELAYS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION, MATERIALS, OR SERVICES THROUGH THE SITE. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
Mosquito Mary’s, Inc.’s Intellectual Property
Mosquito Mary’s, Inc. will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of Mosquito Mary’s, Inc. or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Mosquito Mary’s, Inc. Except as expressly authorized by Mosquito Mary’s, Inc., either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services. Without waiving any of the foregoing rights, you may print or download information on products/services from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Mosquito Mary’s, Inc. is prohibited.
Site Content & Functionality
Mosquito Mary’s, Inc. reserves the right to change, modify, or discontinue any components or functions of the Site or discontinue the Site in its entirety, in Mosquito Mary’s, Inc.’s sole discretion and without notice. Any special offers, promotions, discounts, or other offerings on the Site may be discontinued at any time without notice. Mosquito Mary’s, Inc. provides general price information on the Site. You understand that Mosquito Mary’s, Inc.’s services are tailored to each customer and, therefore, the price you see on the Site may not be your final price. Your final price will be communicated to you when you agree to purchase Mosquito Mary’s, Inc.’s services.
You may be able to pay invoices, modify/update payment information, or otherwise submit payment information to Mosquito Mary’s, Inc. via the Site. You agree that we may supply your payment information to our third-party payment processor to complete your payment. For additional information regarding our PrePay and EasyPay Options, and your authorization for electronic processing of payments made by check, please see your Service Agreement.
So long as you abide by these Terms, Mosquito Mary’s, Inc. grants you a limited, non-exclusive, revocable, license to use the App for your own personal or household non-commercial purposes. We may revoke or further restrict this license at any time, for any reason, with or without notice to you.
Photo Submissions. Some areas on this Site allow you to submit personal photos. The general purpose of such submissions is to provide a visual and textual representation of your Mosquito Mary’s, Inc. product or to provide Mosquito Mary’s, Inc. with images of your lawn for Mosquito Mary’s, Inc. to review. We suggest you attach a high-quality photo of your product/service or lawn and provide an accurate, textual description that is both clear and relevant.
You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal. The following is a list of general photo restrictions:
Photos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group, be profane or pornographic, or contain nudity;
Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Photos cannot be obscene, offensive, or endorse any form of hate or hate group;
Photos cannot defame, misrepresent or contain disparaging remarks about Mosquito Mary’s, Inc., its products/services, or industry, or other people, products, or companies;
Photos cannot contain trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind other than Mosquito Mary’s, Inc., without permission, or contain any personal identification, such as personal names, e-mail addresses, or street addresses;
Photos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) without permission;
Photos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
Photos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Mosquito Mary’s, Inc. wishes to associate; and
Photos cannot depict a violation, and cannot themselves, be in violation of any law.
By submitting a photo, you acknowledge that your photo may be posted on this Site or used for our commercial purposes, at our discretion, and without compensation to you. We reserve the right to, and may or may not, monitor/screen photos prior to posting them to the Site. By submitting a photo, you acknowledge that we have no obligation to use or post any photo you submit and we may delete or destroy your photo at any time at our discretion.
By submitting a photo you warrant and represent that: (a) it is your original work and accurately reflects your experience with our product or the condition of your lawn and that depictions are known to be true and are based upon your use of our product ; (b) it has not been previously published; (c) it has not received previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name, likeness or voice is used in the photo (if any); (f) publication of the photo via various media, including Web posting, will not infringe on any third party rights; (g) you have the unrestricted right to submit the photo; and (h) you will indemnify and hold harmless both Mosquito Mary’s, Inc. and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.
By submitting a photo, you agree that your submission is gratuitous, made without restriction, will not place Mosquito Mary’s, Inc. under any obligation, and that we are free to disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.
You understand that submitting a photo grants Mosquito Mary’s, Inc. and its agents a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, publish, and use the photo in any way, in any and all media, without limitation, and without consideration to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by Mosquito Mary’s, Inc.’s employees, or obtained from sources other than you.
Digital Millennium Copyright Act Notice
If you believe that any material on this Site, including Mosquito Mary’s, Inc. and user provided material, infringes your copyright rights, please contact Mosquito Mary’s, Inc.’s designated agent for Digital Millennium Copyright Act notices at:
Mosquito Mary’s, Inc.
Attn: Marketing & Communications
PO Box 694
Wrentham, MA 02093
Email address: firstname.lastname@example.org
Phone number: (866) 275-6279
In your notice, please include:
Your physical or electronic signature;
Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
Identification of the material that you claim to be infringing, and where the material is located on the Site;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
Limitation of Liability
BY USING THIS SITE YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, IMPLEMENTATION OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, OR ANY COMPUTER SYSTEM, TELECOMMUNICATIONS SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. IF APPLICABLE LAW DOES NOT PERMIT LIMITATION OF CERTAIN TYPES OF LIABILITY, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF MOSQUITO MARY’S, INC. FOR ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS OR YOUR RELATIONSHIP WITH MOSQUITO MARY’S, INC. WILL BE THE GREATER OF (1) THE AMOUNT ACTUALLY PAID BY YOU TO MOSQUITO MARY’S, INC. IN THE THREE MONTHS PRIOR TO THE FACTS GIVING RISE TO THE CLAIM OR (2) FIFTY DOLLARS ($50).
Class Action Waiver
Any Claim must be brought in the party’s individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including, but not limited to, any action based on the Telephone Consumer Protection Act, California Consumer Privacy Act, other state and federal laws related to privacy of personal information or data security, the Fair Debt Collection Practices Act, or other state and federal laws related to the collection of debts. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE AS A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.
You and Mosquito Mary’s, Inc. agree that any claim, dispute or controversy (“Claim”) between us or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to these Terms or the relationships which result from these Terms including, but not limited to, any tort or statutory Claim shall be resolved by neutral binding arbitration conducted by the American Arbitration Association(“AAA”), under the AAA’s Consumer Arbitration Rules (if you are a natural person) or the AAA’s Commercial Arbitration Rules (if you are a business entity) in effect at the time the Claim is filed (“AAA Rules”). Prior to submitting a Claim to arbitration, you or Mosquito Mary’s, Inc. must provide written notice to the other party of the Claim and allow at least thirty (30) days for informal resolution.
The demand for arbitration shall be made within a reasonable time after the dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the dispute. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses. Arbitration fees and arbitrator compensation shall be payable as provided in the AAA Rules. However, for a Claim of $15,000 or less brought by you in your capacity, if you so request in writing, Mosquito Mary’s, Inc. will pay your arbitration fees and arbitrator compensation due to the AAA for such Claim to the extent they exceed any filing fees that you would pay to a court with jurisdiction over the Claim. AAA Rules and forms may be obtained and all claims shall be filed at any AAA office, www.adr.org or by calling 1-800-778-7879.
Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which the subject property is located.
To the fullest extent permitted by law, the arbitrator shall not have the power to award special, consequential, punitive, exemplary, or indirect damages against any party. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a consolidated, class action, multi-claimant, or private attorney general action. The foregoing prohibition on consolidated, class action, multi-claimant, and private attorney general arbitrations is an essential and integral part of this arbitration agreement and is not severable. The decision of the arbitrator shall be a final and binding resolution of the Claim.
This arbitration agreement shall be governed by the Federal Arbitration Act. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall dispute the enforcement of this arbitration agreement or the arbitrator’s award. If either party unsuccessfully disputes the enforcement of this agreement or the arbitrator’s award, then that party shall pay the attorney’s fees and costs of the adverse party. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.
Notwithstanding the foregoing, any Claim that is within the Claim type and amount limits of the small claims court (or similar judicial process) of the jurisdiction in which the Claim arose will be submitted to the applicable small claims court in lieu of resolution by mandatory arbitration. If the Claim is transferred or appealed from the small claims court, either party may elect to remove the Claim from the judicial process and subject it to mandatory arbitration.
Notices of Claims to Mosquito Mary’s, Inc. must be sent to the following address:
Mosquito Mary’s, Inc.
Attn: Legal Department
PO Box 694
Wrentham, MA 02093
Notices are effective upon delivery; therefore, we recommend that notices be sent using certified/registered mail or a nationally recognized courier service (e.g., UPS, FedEx).
You agree to defend, indemnify, and hold Mosquito Mary’s, Inc., our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms or use of the Site.
The Site offers sweepstakes from time to time. While no purchase is necessary to enter any such sweepstakes, you agree to comply with the official rules of the relevant sweepstakes advertised on this Site. Please do not enter if you are not a permanent resident of the eligible geographic area, or if you are otherwise ineligible as set forth in the particular sweepstake’s official rules. Entries received from persons residing outside of the eligible geographic areas, from other persons otherwise ineligible, or where restricted or prohibited by law will be disqualified.
This Site may offer job opening information across many Mosquito Mary’s, Inc. entities and may provide mediums for you to apply and submit your resume. You understand that nothing contained herein constitutes an offer of employment by any Mosquito Mary’s, Inc. entity.
Privacy & Security
Waiver & Severability
No waiver by Mosquito Mary’s, Inc. of any of the provisions of these Terms will be deemed a further or continuing waiver of such provision, and any failure of Mosquito Mary’s, Inc. to assert a right or provision of these Terms will not constitute a waiver of such provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be severed or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Mosquito Mary’s, Inc. may assign its rights and/or obligations under these Terms to any person or entity at any time, with or without notice to you or your consent. You may not assign your rights and/or obligations under these Terms to any person or entity without our written consent.
These Terms constitute the entire agreement between you and Mosquito Mary’s, Inc. relating to the subject matter of these Terms, and supersedes all prior understandings, including, any prior communications whether electronic, written, or oral.
SMS Terms and Conditions
If you opt into Mosquito Mary’s, Inc.’s text message program (“Program”), you further agree to the terms and conditions outlined in this section.
By enrolling in the Program, you consent for Mosquito Mary’s, Inc. to use an automated system to send marketing text messages to the telephone number(s) you provided at enrollment. You acknowledge that your consent to receive these messages is not required to purchase any goods or services and that cancellation of your account does not automatically revoke your consent.
Program Description and Cost
As part of the Program, Mosquito Mary’s, Inc. will send you text messages with service reminders, updates, relevant offers, and/or other information you may be interested in. Mosquito Mary’s, Inc. does not charge any fee to participate in the Program. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).
Mosquito Mary’s, Inc. anticipates a typical Program participant will receive approximately 3 messages per month per service line; however, the number of text messages you receive may vary. The actual frequency may exceed or fall below the anticipated range.
Supported carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it.
You may opt-out of the Program by texting STOP to the number that sent you a message. You consent to receive one message confirming your opt-out. If you are participating in any other text message programs provided by Mosquito Mary’s, Inc., you must opt-out of those programs separately.
You may obtain assistance with the Program by emailing Mosquito Mary’s, Inc. at email@example.com.
Your Mobile Number & Indemnification
You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify Mosquito Mary’s, Inc. immediately at firstname.lastname@example.org. You agree to indemnify Mosquito Mary’s, Inc. for all claims, expenses and damages related to or caused in whole or in part by your failure to notify Mosquito Mary’s, Inc. immediately of a change in your telephone number.
Contact Us & Notice Address
You must send all written notices to us under these Terms, excepting DMCA notices, to the following address:
Mosquito Mary’s, Inc.
Attn; Legal Department
PO Box 694
Wrentham, MA 02093