WASP TREATMENT. Wasp treatment is for visible exterior nests only (up to 25 feet above ground). Wasp treatment does not include wasps nests inside walls, soffits, or any internal spaces.

GERMAN COCKROACH TREATMENT. If we're treating your home for German Cockroaches, we require additional follow-up treatments that will occur separately from your regular quarterly treatments. Your first German roach follow-up will typically occur 14 days from your initial treatment with the next German roach treatment after that will then occur with your first quarterly treatment which is performed 30 days after your initial treatment. There is no charge for these required followup services; they are included with the price of that specialty pest.

ASIAN LADY BEETLES, BOX ELDER BEETLES, STINK BUGS: We do not provide any warranty for these pests. Although we may offer to do a special one time treatment, we cannot provide free re-services or control their populations. The products we use can kill them however because they often fly over our treated surfaces, there is no guarantee that they will ever come into contact with our products.

RE-SERVICES. Pest problems between regularly scheduled treatments may occur. If you have a problem with pests between regular treatments, Valor will return to treat the problem area again at no additional cost (warrantied pests only). Note that some pests may require several treatments to gain control. Valor cannot guarantee against re-infestation of pests, nor guarantee complete elimination of any pests. You understand that results of our services are relative to and dependent upon your cooperation as to house-keeping, sanitation, maintenance, and accessibility of areas to be treated. You agree to cooperate with Valor as necessary to facilitate treatment and control. Our treatments do not include control or prevention of termites, nor any other wood-destroying organism, bees, wildlife, or other pests not specifically identified in this Agreement. Virtually all pesticides have some odor that may be present for a short time after application. If you or any member of your household is sensitive to odors or chemicals, you should consult a physician prior to any treatment.

CUSTOMER TREATMENT CHECKLIST. Certain pests require additional steps you will need to perform in order for our treatments to be effective and to maintain eligibility to free re-services. If we are treating you for one or more of these pests, we will provide or make available to you a checklist with pre-treatment and post treatment steps required for the service. Failure to follow all steps and requirements on your customer treatment checklist provided by Valor will likely result in continued pest problems and make you ineligible for our guarantee/warranty.

ACCESSIBILITY. The regular quarterly treatment charge is for exterior treatment only. Please ensure that animals are secured, and that gates are unlocked for service. If the premises are not available for treatment on the day of the service, Valor will only treat those areas that are accessible. Interior treatments are available upon request for no additional cost. You may request that Valor return to service un-treated areas at no additional charge before your next quarterly treatment.

PAYMENT TERMS. The fee for the initial Treatment is due at the time of the treatment. The fee for each Quarterly Treatment is due within thirty (30) days after the treatment is performed. There is no financing charge or cost of credit (0% APR) associated with this Agreement. IF YOU FAIL TO MAKE ANY PAYMENT WHEN DUE, WE MAY, BY GIVING YOU WRITTEN NOTICE, DISCONTINUE FUTURE SERVICES, TERMINATE THIS AGREEMENT, AND RECOVER ALL DAMAGES.

EASYPAY; ELECTRONIC PAYMENT AUTHORIZATION. You authorize Valor or its assignee(s) to make electronic fund transfers from your bank account or charges to your credit or debit card account (”Electronic Payment”) in the amount of the services fees identified above, plus any past due amounts or amounts which may accumulate in arrears according to the terms of this Agreement. Electronic payments will occur on or about the applicable service date. You may cancel your authorization by calling (865) 377-4246 or writing to 6523 Central Avenue Pike STE 107, Knoxville, TN 37912, support@valorpest.com.

LATE FEES. We may impose a late charge on all payments more than ten (10) days past due in the maximum amount permitted by law. A finance charge of two percent (2%) per month (24% per year) will be charged on amounts that are more than thirty (30) days past due and a service fee of $25 on all returned checks. No services will be rendered on accounts more than thirty (30) days past due. Accounts that are ninety (90) days or more past due are subject to cancellation. You may pay off the full unpaid balance due under this agreement at any time, and in so doing you shall be entitled to a full rebate of any unearned finance or insurance charges.

CANCELING THE SERVICE EARLY. The initial term of this agreement is for the duration of months as set forth above or the completion of initial treatment and all quarterly treatments as set forth herein, whichever is later. The initial term starts on the day this agreement is signed. If for any reason, at any time, this agreement is canceled before its completion, and the initial service has been performed, customer agrees to pay the difference between the standard initial treatment fee of $249.00 and the discounted initial treatment price you were given. In addition, you will need to reimburse the difference between the standard recurring treatment fee of $135 and the discounted recurring price you were given if you committed to a 24 or 36 month agreement length and received it's subsequent discount. This reimbursement will apply to all previously performed recurring treatments but not to any remaining treatments unperformed. After the initial term, this agreement will automatically continue month-to-month. Either Valor or the customer may cancel this agreement at any time after the initial term upon at least thirty (30) days' prior written notice.

EASY PAY; ELECTRONIC PAYMENT AUTHORIZATION. Valor may reattempt failed Electronic Payments up to three (3) more times over the next ten (10) business days from the failed Electronic Payment. Please include your name, address, phone number, and Valor account number in any written correspondence. Your cancellation will become effective within three (3) business days after receipt by Valor and, if you want to cancel before an Electronic Payment, you must notify Valor at least three (3) business days before the Electronic Payment date. Valor reserves the right to terminate this authorization for any reason with written notice to you. Any charges assessed by a financial institution due to insufficient funds or incorrect payment, or any EFT fees charged by your financial institution, are your responsibility. You agree to immediately notify Valor, using a contact method above, of changes to your payment information. Your liability for unauthorized Electronic Payments is largely determined by how quickly you report them; therefore, you also agree to immediately notify your financial institution and Valor, using a contact method above, if you suspect an unauthorized Electronic Payment. To the fullest extent permitted by applicable law, you release Valor and its assignee(s) from any and all liability as a result of any incorrect or unauthorized charges/debits, including, but not limited to, any consequential damages. You agree to indemnify, defend, and hold harmless Valor and its assignee (s), and their officers, directors, employees, agents, successors, and assigns, from and against all claims as a result of your violation of or failure to comply with this authorization. If you elect to receive a paper invoice (rather than making an Electronic Payment) or if we do not receive your Electronic Payment for any reason, we will send you a paper invoice, and you agree that an additional processing fee shall apply to each paper invoice so rendered.

LIMITATION OF LIABILITY; LIMITED WARRANTY. EXCEPT AS OTHERWISE PROHIBITED BY LAW, VALOR DISCLAIMS ANY LIABILITY FOR INDIRECT, GENERAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES. YOU EXPRESSLY WAIVE AND RELEASE VALOR FROM ANY LIABILITY FOR ANY CLAIM REGARDLESS OF LEGAL THEORY ON WHICH THE CLAIM IS BASED, FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING STINGS, BITES, ALLERGIES, OR ILLNESSES, MEDICAL COSTS, OR ANY DAMAGE TO THE STRUCTURE OR CONTENTS CAUSED BY WOOD DESTROYING ORGANISMS, ANTS, SPIDERS, TICKS, FLEAS, WASPS, BEES, OR ANY PEST LISTED ON THIS AGREEMENT. YOU FURTHER WAIVE ANY CLAIM FOR DAMAGE OR INJURY, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, UNLESS MADE IN WRITING WITHIN ONE (1) YEAR OF THE DATE THAT THE CLAIM AROSE. YOU AGREE THAT IN NO EVENT WILL VALOR BE LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES OR LOSS OF USE OF PROPERTY. WHERE PERMITTED BY LAW, VALOR DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR PURPOSE. VALOR DOES NOT WARRANT THAT PEST WILL NOT RETURN SUBSEQUENT TO ANY TREATMENT.

ARBITRATION. READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS IF THERE IS A DISPUTE.

Unless you reject this arbitration provision in the manner specified below, any controversy, dispute or claim between you and Valor arising out of or relating to this Agreement, or the services performed by Valor under this Agreement or any other agreement, or the relationship between you and Valor resulting from any of the foregoing, including tort, contract, equitable and statutory claims, and any claims for personal or bodily injury or damage to real or personal property, regardless of whether the controversy or claim arose before or after the execution, transfer or acceptance of this Agreement, shall be settled by binding arbitration. However, disputes regarding the scope and enforceability of this arbitration provision shall be determined by a court, not an arbitrator. Also, individual small claims court actions are not subject to this arbitration provision as long as they remain in that court.

Unless the parties agree otherwise, the arbitration shall be administered and conducted by the American Arbitration Association (”AAA”) under its Consumer Arbitration Rules, if applicable, otherwise under its commercial arbitration rules. These rules are found at www.adr.org. If the AAA cannot serve and you and Valor cannot agree on a substitute, a court with jurisdiction will select the arbitrator. The arbitrator shall follow the applicable substantive law, including the terms and conditions of this Agreement, and shall apply the same statutes of limitation and privileges that a court would apply. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the agreement, the arbitration administrator’s rules or applicable law. Any arbitration hearing that you attend will take place at a location reasonably convenient to your residence.

IF A CLAIM IS ARBITRATED, YOU AND VALOR WAIVE ANY RIGHT TO A COURT OR JURY TRIAL. YOU AND VALOR ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER OR TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OR ANY OTHER PERSONS (THE “CLASS ACTION WAIVER”). NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY ARBITRATION IN VIOLATION OF THIS PROVISION OR TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN YOU AND/OR VALOR INDIVIDUALLY.

The AAA charges fees to administer an arbitration proceeding and the arbitrator also charges fees. These arbitration costs will be paid by you and Valor in accordance with the applicable AAA rules. We will always pay any fees or expenses that we are required to pay by law or the arbitration administrator’s rules or that we are required to pay for this arbitration provision to be enforced. Either party has the right to require a panel of three (3) arbitrators, but in the absence of the parties’ agreement, the requesting party shall be responsible for the cost of the additional arbitrators. Either party may request at any time prior to the hearing that the award be accompanied by a reasoned opinion. The award rendered by the arbitrator(s) shall be final and binding on all parties, except that a party may within 30 days of the original award request an appeal to an appeal tribunal, constituted in the same number and by the same process as the initial arbitrator(s). The appealing party shall be responsible for the filing fee and other arbitration fees and costs subject to award by the appeal tribunal under applicable law. The appeal tribunal shall review all questions of law and fact under a clearly erroneous standard. The award of the appeal tribunal shall be final and binding, except for any appeal right under the Federal Arbitration Act (”FAA”).

Judgment may be entered on the award in any court having jurisdiction thereof. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this arbitration provision. This arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. Before having recourse to arbitration, you and Valor agree to try in good faith to settle any controversy or claim by at least four (4) hours of mediation administered under the AAA commercial mediation rules with Valor agreeing to pay the costs of the mediation.

For purposes of this arbitration provision, the terms “we,” “us,” “our” and “Valor” collectively mean Valor Pest Control LLC, and its affiliates, officers, directors, employees, agents, successors and assigns, and any third party providing any product or service related to this Agreement that you bring a claim against at the same time you bring a claim against Valor.

This arbitration provision shall survive the termination of this Agreement and any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this arbitration provision, on the one hand, and the applicable arbitration rules or the other provisions of this Agreement, on the other hand, this arbitration provision shall govern. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision, except that: (A) if the class action waiver is limited, voided or found unenforceable, then this arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the class action waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the class action waiver or elsewhere in this arbitration provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.

IF YOU DO NOT WANT THIS ARBITRATION PROVISION TO APPLY, YOU MAY REJECT IT BY MAILING A SIGNED REJECTION NOTICE TO VALOR PEST CONTROL LLC, ATTN: ARBITRATION OPT OUT, 6523 Central Avenue Pike STE 107, Knoxville, TN 37912 WITHIN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF THIS AGREEMENT. ANY REJECTION NOTICE MUST INCLUDE YOUR NAME, ADDRESS, EMAIL ADDRESS AND TELEPHONE NUMBER AND STATE THAT YOU REJECT THE ARBITRATION PROVISION. IF YOU REJECT THIS ARBITRATION PROVISION, THAT WILL NOT AFFECT ANY OTHER PROVISION OF THE AGREEMENT.

EMAIL AND PHONE NUMBER NOTIFICATIONS; PRIVACY POLICY: I request that Valor send me notifications via email, text message, and/or phone call using the cell phone number, land line number, and/or emails that provided to Valor, to (i) provide me with any required notices regarding pesticides applied to my property pursuant to 8 CCR 1203-2, (ii) schedule and/or confirm service times and dates, and/or (ii) to communicate with me regarding my account (including, without limitation, to collect outstanding or past due amounts that I owe to Valor). You consent and agree to Valor (i) using information about you and your location (collectively, “information”) to administer services, offer you new products or services, enforce the terms of this Agreement, prevent fraud and respond to regulatory and legal requirements, and (ii) using and sharing anonymized or de identified information about you or your use of our products or services with third parties. You agree that we may contact you by telephone (including cell phones), facsimile, email or other Internet facilities, with respect to the products and services we provide under this Agreement, and new offerings of products or services we may make available in the future. You have read, understand and agree with the terms of Valor’s Privacy Policy as set forth on Valor’s website www.valorpest.com, which Policy may be changed from time to time.

Entire Agreement. The entire and only agreement between you and Valor is contained in this Agreement and replaces any other oral or written understanding or agreements. This Agreement may only be changed by mutual written agreement between you and Valor. If a court or tribunal finds any provision of this Agreement to be invalid or illegal, the remaining provisions of this Agreement shall remain in force.

COPY OF AGREEMENT. You have requested that Valor send you a copy of this Agreement and two (2) copies of the Notice of Cancellation to the above email address that you have provided.

BUYER’S RIGHT TO CANCEL. You, the customer, may cancel this transaction anytime prior to midnight of the third business day after the date of this transaction by giving written notice of cancellation to Valor Pest Control. Upon completion of this agreement treatments will continue at the same frequency until canceled by the customer.