Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "Customer") and Exclusive Pest Solutions ("Exclusive Pest Solutions," "we," "us," or "our"). They apply when you browse this website, submit a request through it, or purchase or receive pest control services from us.

By using this website or scheduling service, you confirm that you are at least 18 years old, that you have the legal authority to enter into this agreement, and that you either own the property to be serviced or are authorized by the owner to have it serviced. If you do not agree to these Terms, do not use this website or request our services.

If you sign a separate written service agreement, work order, or proposal with us, that document controls where it conflicts with these Terms. Otherwise, these Terms apply in full.

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2. About Us & Licensing

Exclusive Pest Solutions is a pest management business licensed by the Arizona Department of Agriculture under License #10150, serving residential and commercial properties throughout the Phoenix Valley. Our applicators are licensed and trained as required by Arizona law, and our work is performed in accordance with applicable Arizona statutes and rules governing pest management, federal pesticide law, and the labeling of each product we apply.

If you have a concern about our work that we are unable to resolve directly, you may contact the Arizona Department of Agriculture, which regulates licensed pest management businesses in Arizona and accepts consumer complaints.

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3. Estimates & Quotes

Prices published on this website, quoted by phone, or included in an estimate are based on the information available to us at that time, including property size, construction type, landscaping, pest species, and the level of activity described. They are estimates, not fixed offers.

• Estimates are valid for 30 days from the date issued unless stated otherwise in writing.
• Final pricing may be adjusted after an on-site inspection reveals conditions materially different from those described, such as a larger structure, heavier infestation, additional buildings, or difficult access.
• We will notify you of any price adjustment before performing the work, and you may decline it at no charge.
• Prices do not include applicable taxes, fuel or environmental surcharges, or optional add-on services unless expressly stated.

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4. Scheduling & Property Access

Appointments are scheduled within arrival windows rather than at exact times, because service duration varies by property and by what our technicians find on site. We will make reasonable efforts to arrive within the scheduled window and to notify you of delays.

By scheduling service, you agree to:

• Grant our technicians safe and lawful access to the areas of the property to be treated, including yards, garages, attics, crawlspaces, and interior rooms as applicable;
• Provide gate codes, keys, or access arrangements in advance where needed;
• Secure all pets away from treatment areas for the duration of the visit and for any re-entry period stated on the product label;
• Restrain or remove any animal that could pose a hazard to our personnel; and
• Disclose known hazards on the property, including aggressive dogs, unstable structures, exposed wiring, active beehives, or areas under construction.

Our technicians may decline to perform or complete a service where conditions are unsafe, where access is not available, or where treatment cannot be performed in accordance with the product label. In such cases, the visit may be treated as a missed appointment under Section 7.

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5. Service Plans, Recurring Service & Renewal

Recurring service plans continue on the frequency described in your agreement, typically monthly, bi-monthly, or quarterly, until cancelled by either party in accordance with Section 7. Effective pest control generally requires a series of treatments over time; a single visit is rarely sufficient to resolve an established infestation.

• Where a plan includes an initial service at a discounted or promotional rate, that rate is offered in consideration of your commitment to the minimum service term described in your agreement.
• If you cancel before completing the minimum term, we may bill the difference between the promotional rate and our standard rate for the services already performed, as disclosed to you at signup.
• Recurring plans renew automatically at the end of each term at our then-current rates unless you cancel. We will provide advance notice of any rate change and of any renewal where required by law.
• We may adjust plan pricing on 30 days' written notice. If you do not accept the adjustment, you may cancel without penalty before it takes effect.
• Plans are tied to a specific service address and are not transferable without our written consent.

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6. Pricing & Payment

• Unless your agreement states otherwise, payment is due upon completion of each service.
• We accept the payment methods identified on your invoice. Card payments are processed by a third-party payment processor subject to its own terms.
• By keeping a card on file for a recurring plan, you authorize us to charge that card for each scheduled service and for any balance due, until you revoke the authorization in writing.
• Past-due balances may accrue a late charge of 1.5% per month (18% per year) or the maximum rate permitted by Arizona law, whichever is less.
• Returned payments may incur a fee of up to the maximum amount permitted by Arizona law.
• If we refer a delinquent account for collection or legal action, you agree to pay reasonable collection costs and attorneys' fees as permitted by law.
• We may suspend service, including warranty and re-service obligations, while an account is past due.
• Billing disputes must be raised within 30 days of the invoice date so we can investigate while records are current.

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7. Cancellation, Rescheduling & Missed Appointments

• Rescheduling. Please give us at least 24 hours' notice to reschedule or cancel a scheduled visit. We will work with you to find the next available window.
• Missed appointments. If our technician arrives and cannot access the property, cannot safely perform the work, or is turned away without prior notice, we may charge a trip fee as disclosed in your agreement.
• Cancelling a recurring plan. You may cancel a recurring plan at any time by phone or email, effective after any minimum term described in Section 5. Cancellation takes effect once we confirm it; please allow up to 10 business days for the change to appear in scheduling and billing.
• Cancellation by us. We may cancel or decline service for non-payment, unsafe conditions, abusive conduct toward our personnel, misrepresentation of property conditions, or where continued service would require us to act contrary to a product label or applicable law.
• Right to cancel a home-solicitation sale. If you entered into an agreement with us at your residence following an in-person solicitation, you may have the right to cancel that agreement within three business days under applicable federal and Arizona law. Any notice of that right provided to you at signing controls.

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8. Service Guarantee & Re-Service

We stand behind our work. If covered pest activity returns between scheduled visits while your plan is active and your account is current, contact us and we will return to re-treat the affected area at no additional charge, subject to the following.

• The guarantee applies only to the pests expressly named in your service agreement. Pests not listed are not covered and may be addressed under a separate quote.
• The guarantee requires that you have followed our written preparation and post-treatment recommendations, including any recommended exclusion, sanitation, moisture, or landscaping corrections.
• The guarantee is void where conditions outside our control materially contribute to the recurrence, including new construction or remodeling, ongoing conditions on neighboring properties, structural defects you decline to repair, or treatments applied by another party.
• Pest control is a process of population management, not eradication. Because Arizona's desert environment supports continuous pest pressure from surrounding land, we do not guarantee that any property will be permanently free of pests, and no representative of ours is authorized to promise otherwise.
• Re-service is your exclusive remedy under this guarantee, and it does not extend to consequential damages, property damage, or medical costs.

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9. Pesticide Use & Safety

All materials we apply are registered with the U.S. Environmental Protection Agency and the Arizona Department of Agriculture and are applied strictly in accordance with their labeling. You may request the product name, EPA registration number, and a copy of the label or safety data sheet for any material applied at your property, and we will provide it.

You agree to disclose to us, before service, any of the following:

• Known allergies, asthma, chemical sensitivities, pregnancy, immune conditions, or other health circumstances affecting anyone in the household;
• The presence of infants, young children, or elderly or medically vulnerable occupants;
• Pets, including fish, reptiles, amphibians, and birds, which may be highly sensitive to certain materials;
• Beehives, managed pollinators, chickens or other livestock;
• Edible gardens, fruit trees, or vegetable beds; and
• Water features, wells, ponds, or open irrigation on the property.

You further agree to observe all re-entry intervals and post-application instructions we provide, and to keep people and pets out of treated areas until surfaces are dry or until the interval stated on the label has passed. We are not responsible for harm resulting from failure to disclose the conditions above or from failure to follow re-entry and post-treatment instructions.

In the event of a suspected exposure or adverse reaction, seek medical attention immediately and contact the Poison Control Center at 1-800-222-1222, then notify us so we can provide product information to your treating provider.

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10. Exclusions & Limitations of Service

Unless expressly included in a written agreement or proposal, our services do not include:

• Termite or wood-destroying organism inspections, treatments, or reports, including WDIIR reports for real estate transactions;
• Structural repair, replacement, or remediation of damage caused by pests before or during service;
• Mold, fungus, or bacterial remediation;
• Removal or exclusion of wildlife requiring a separate license, or work regulated by the Arizona Game and Fish Department;
• Bee removal or hive extraction, which we may decline or refer to a specialist;
• Attic insulation removal, sanitation, or replacement;
• Landscaping, tree trimming, drainage correction, or irrigation repair, even where we recommend it; and
• Treatment of areas we cannot safely or lawfully access.

We may recommend corrective measures such as sealing entry points, correcting moisture, trimming vegetation away from structures, or adjusting exterior lighting. These recommendations are advisory. Declining them may reduce the effectiveness of treatment and may limit coverage under Section 8.

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11. Customer Responsibilities

To allow us to perform effective service, you agree to:

• Provide accurate information about the property, pest history, and household conditions;
• Complete any preparation instructions we send before a treatment, such as clearing cabinets, moving items away from walls, or removing pet food and water bowls;
• Cover or remove fish tanks and turn off their air pumps when instructed;
• Keep the exterior perimeter reasonably clear so our technician can treat foundations, eaves, and entry points;
• Notify us promptly of pest activity between visits so we can respond under your guarantee; and
• Notify us of any change in ownership, occupancy, or contact information for the service address.

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12. Property Condition & Damage

Our technicians work carefully around your home, landscaping, and belongings. You acknowledge, however, that pest control requires access to sensitive areas and that some conditions carry inherent risk.

• We are not responsible for pre-existing damage or conditions, including deteriorated stucco, brittle roof tiles, aged wiring, damaged screens, stained surfaces, weakened attic decking, or prior pest damage.
• We are not responsible for staining or discoloration of surfaces where the material was applied according to label directions and the surface was not disclosed as sensitive.
• We are not responsible for damage arising from concealed conditions we could not reasonably have discovered.
• Any claim of damage caused by our work must be reported to us in writing within 10 days of the service visit, with reasonable opportunity for us to inspect the claimed damage before repairs are made.

We carry the insurance required of licensed Arizona pest management businesses. Proof of coverage is available on request.

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13. Website Use & Intellectual Property

All content on this website, including text, photographs, graphics, logos, layout, and code, is owned by Exclusive Pest Solutions or its licensors and is protected by United States copyright and trademark law. You may view, download, and print pages for your own personal, non-commercial use.

You agree not to:

• Copy, republish, distribute, or create derivative works from our content without written permission;
• Use our name, logo, or trademarks in a way likely to cause confusion or imply affiliation or endorsement;
• Use automated tools to scrape, harvest, or index this site beyond ordinary search-engine crawling;
• Attempt to gain unauthorized access to any portion of the site or its underlying systems;
• Introduce malware, or interfere with the operation or security of the site; or
• Use the site for any unlawful purpose or in violation of these Terms.

Information on this website about pests, treatment methods, and seasonal activity is provided for general educational purposes and is not a substitute for an on-site inspection by a licensed applicator.

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14. Reviews, Photos & Submissions

If you submit a review, testimonial, photograph, video, or other content to us or about us, you grant Exclusive Pest Solutions a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, and display that content in our marketing, on our website, and on our social media, along with your first name and city where provided. You represent that you own or control the rights to the content you submit and that it does not infringe anyone else's rights.

We may photograph pest activity, treatment areas, and conditions at your property for service documentation and quality control. We will not publish identifiable photographs of your property in marketing materials without your permission.

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15. Electronic Communications & Consent

By providing your phone number and email address, you consent to receive service-related calls, text messages, and emails from us regarding estimates, scheduling, technician arrival, service results, and billing. Marketing messages are sent only where you have opted in, and consent to marketing messages is not a condition of purchasing any service. Reply STOP to any marketing text to opt out. Message and data rates may apply. Our handling of your information is described in our Privacy Policy, which is incorporated into these Terms by reference.

You agree that agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

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16. Disclaimer of Warranties

EXCEPT FOR THE SERVICE GUARANTEE EXPRESSLY DESCRIBED IN SECTION 8 AND ANY WRITTEN WARRANTY IN YOUR SERVICE AGREEMENT, OUR SERVICES AND THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT ANY PROPERTY WILL BE FREE OF PESTS, THAT ANY TREATMENT WILL PRODUCE A PARTICULAR RESULT, OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so portions of this section may not apply to you.

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17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, EXCLUSIVE PEST SOLUTIONS AND ITS OWNERS, OFFICERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR DIMINUTION IN PROPERTY VALUE, ARISING OUT OF OR RELATING TO OUR SERVICES, THIS WEBSITE, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR SERVICES AT THE AFFECTED PROPERTY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500).

Nothing in these Terms limits liability that cannot be limited under Arizona law, including liability for gross negligence, willful misconduct, or personal injury caused by our negligence to the extent such limitation is prohibited.

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18. Indemnification

You agree to indemnify, defend, and hold harmless Exclusive Pest Solutions and its owners, officers, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: your breach of these Terms; your failure to disclose health conditions, hazards, pets, hives, or property conditions as required by Section 9; your failure to follow preparation, re-entry, or post-treatment instructions; your misrepresentation of authority to authorize service at a property; or your violation of any law or the rights of a third party.

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19. Dispute Resolution & Arbitration

Please read this section carefully. It affects how disputes between us are resolved.

19.1 Informal resolution first

Before starting any formal proceeding, you agree to contact us at the phone number or email address in Section 24 and describe the dispute, giving us 30 days to resolve it informally. Most concerns are resolved at this stage.

19.2 Binding arbitration

IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND EXCLUSIVE PEST SOLUTIONS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES, OR THIS WEBSITE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. THE ARBITRATION SHALL TAKE PLACE IN MARICOPA COUNTY, ARIZONA, BEFORE A SINGLE ARBITRATOR, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

19.3 Class action waiver

YOU AND EXCLUSIVE PEST SOLUTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

19.4 Exceptions

Either party may bring an individual claim in small claims court in Arizona if it qualifies, and either party may seek injunctive relief in court to protect intellectual property rights or to prevent unauthorized access to systems. Nothing in this section prevents you from filing a complaint with the Arizona Department of Agriculture, the Arizona Attorney General, or any other government agency.

19.5 Your right to opt out

You may opt out of this arbitration agreement by sending written notice to us at the email or mailing address in Section 24 within 30 days of first accepting these Terms or first receiving service from us, whichever is earlier. Your notice must include your name, service address, and a clear statement that you decline arbitration. Opting out will not affect any other part of these Terms or your service.

This arbitration agreement is governed by the Federal Arbitration Act. If the class action waiver in Section 19.3 is found unenforceable as to a particular claim, that claim shall proceed in court and the remainder of this section shall continue to apply.

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20. Governing Law & Venue

These Terms and any dispute arising from them are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Subject to Section 19, you and Exclusive Pest Solutions consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona.

Nothing in these Terms limits any right you may have under the Arizona Consumer Fraud Act (A.R.S. § 44-1521 et seq.) or other consumer protection statutes that cannot be waived by agreement.

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21. Force Majeure

We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including extreme heat, monsoon storms, flooding, dust storms, wildfire, power or water outages, labor shortages, supply or product availability disruptions, regulatory action, public health emergencies, or acts of government. We will reschedule affected services as soon as reasonably practicable.

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22. General Provisions

• Entire agreement. These Terms, together with our Privacy Policy and any signed service agreement or proposal, constitute the entire agreement between you and us and supersede all prior discussions and representations on the same subject.
• Severability. If any provision is found unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall stay in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of our business.
• Survival. Sections 12, 13, 16, 17, 18, 19, 20, and 22 survive termination of your service or these Terms.
• Headings. Section headings are for convenience only and do not affect interpretation.

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23. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page and post the revised version here. Changes apply prospectively. Your continued use of this website or continued acceptance of service after the effective date of a change constitutes acceptance of the revised Terms. If you do not agree to a change, you may cancel your service in accordance with Section 7.

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24. Contact Us

Questions about these Terms, a service concern, a billing dispute, or an arbitration opt-out notice can be sent to:

Exclusive Pest Solutions