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Terms of Service

Last updated: October 6, 2026

Important: these terms contain a mutual arbitration agreement and class action waiver. By agreeing to these terms, you and Pestie are waiving the right to a jury trial and the right to participate in a class or representative action.

These Terms of Service (the “Terms”) are a legally binding agreement between you and Pestie, Inc. (“Pestie,” “we,” “us,” or “our”). These Terms govern your access to and use of our website at pestie.com (the “Site”), as well as your use of any products, subscriptions, software, tools, or services we make available (collectively, the “Services”).

The Services are intended for use only in the United States. By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Site or Services.

You must be at least 18 years old to use the Services. By using the Site or Services, you represent and warrant that you are at least 18 years of age and have the authority to accept these Terms on your own behalf or on behalf of the entity you represent.

We may update these Terms from time to time. If we make material changes, we’ll notify you by posting the revised Terms on the Site and updating the “Last Updated” date. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the changes.

Use of Services and Site Content

Pestie grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for your personal, non-commercial use, strictly as permitted by these Terms.

All content provided through the Site and Services — including, without limitation, text, graphics, videos, logos, images, instructional materials, product guides, and software (collectively, “Pestie Content”) — is the property of Pestie or its licensors and is protected by intellectual property and other applicable laws. Pestie Content may not be copied, reproduced, modified, distributed, sold, leased, publicly displayed, or otherwise exploited in any way without Pestie’s prior written permission.

You agree not to:

  • Use the Site or Services for any unlawful, deceptive, or malicious purpose;
  • Infringe the rights of others, including intellectual property, privacy, or publicity rights;
  • Interfere with or attempt to gain unauthorized access to any part of the Site, Services, systems, or networks;
  • Introduce any viruses, malware, or other harmful code;
  • Reverse engineer or attempt to extract the source code of any part of the Services;
  • Use any automated tools (such as bots, scrapers, or crawlers) to extract data from the Site without our written permission.

All rights not expressly granted to you in these Terms are reserved by Pestie and its licensors.

DIY Guidance and Product Use

Pestie provides educational materials, including treatment plans, application tips and tricks, safety tips, and general pest control guidance (collectively, “DIY Guidance”) to help you use our products effectively. These materials are for informational purposes only. Some content may be generated or assisted by automated systems, and while we strive for accuracy, such content may not be error-free or tailored to your specific situation.

You are solely responsible for safely handling and applying any pest control products provided through our Services. All products must be used strictly in accordance with:

  • The instructions and labeling provided by the manufacturer;
  • Applicable federal, state, and local laws and regulations;
  • Any licensing or certification requirements that apply in your location.

By using Pestie’s products, you acknowledge and agree that:

  • You understand and accept the risks associated with using pest control products;
  • You will read and follow all safety directions and the product label in full before use;
  • Pestie is not responsible for any injuries, property damage, regulatory violations, or ineffective results arising from misuse or failure to follow directions;
  • Pestie makes no warranties beyond those, if any, provided by the product manufacturer.

In the United States, product labels approved by the Environmental Protection Agency (EPA) carry the force of law. You agree not to rely solely on Pestie’s DIY Guidance and acknowledge that the product label governs how each product must be used. You also agree to indemnify Pestie for any claims resulting from your failure to comply with applicable laws or label directions.

Some products may require special licensing, permits, or registration to purchase or apply in certain jurisdictions. It is your responsibility to ensure that any use of a product complies with all legal requirements in your area. Pestie reserves the right to cancel orders that cannot legally be fulfilled based on your shipping address or applicable restrictions.

Risk Acknowledgment

You acknowledge that pest control products involve inherent risks if used improperly, including but not limited to potential harm to people, pets, property, or the environment. By purchasing or using our products, you accept full responsibility for applying them safely and legally in accordance with all instructions and applicable regulations.

You understand that:

  • Pestie is not responsible for any bodily injury, allergic reaction, illness, environmental harm, or property damage arising from the use or misuse of our products;
  • Results may vary based on environmental conditions, infestation levels, treatment timing, and other factors outside Pestie’s control;
  • You assume all risks associated with the use of any product purchased from Pestie.

Always read and follow all instructions, safety precautions, and the product label — which is a legally binding document under U.S. law. You agree not to rely solely on Pestie’s DIY Guidance and acknowledge that failure to follow label directions or safety practices may result in injury or ineffective treatment.

Prohibited Uses and Site Restrictions

You agree not to misuse the Site, Services, or any content made available by Pestie. In addition to the restrictions described elsewhere in these Terms, you agree not to:

  • Use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation;
  • Infringe the intellectual property, privacy, or publicity rights of Pestie or any third party;
  • Interfere with or disrupt the security, integrity, or performance of the Site, Services, or any associated systems or networks;
  • Attempt to gain unauthorized access to any portion of the Site, Services, user accounts, or connected systems;
  • Introduce viruses, malware, spyware, or other harmful or disruptive code;
  • Use any automated tools (such as bots, crawlers, scrapers, or spiders) to access, extract, or index any part of the Site or Services without our prior written consent;
  • Frame or mirror any part of the Site, or link to any internal page other than our homepage without written authorization;
  • Collect, harvest, or attempt to harvest personal information from other users without consent;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Use the Site or Services to transmit spam, solicitations, chain letters, or other unsolicited communications;
  • Use the Services, Site, or any Pestie Content for any resale, commercial use, or unauthorized distribution;
  • Engage in any activity that could subject Pestie or its partners to legal liability, reputational harm, or regulatory investigation.

Pestie reserves the right to investigate suspected violations and may suspend or permanently terminate your access to the Site or Services at any time, without notice, if we believe you have engaged in prohibited conduct. We also reserve the right to take legal action where appropriate.

Ordering, Subscription, and Shipping Terms

You may place a one-time order or enroll in a subscription through the Site. By placing an order, you agree to provide current, complete, and accurate information, and you authorize Pestie to charge your selected payment method for the applicable price, taxes, and shipping fees.

If you enroll in a subscription, you agree to recurring charges according to the schedule and pricing presented at checkout. Your subscription will continue automatically unless and until you cancel it. You may cancel at any time by logging into your account and visiting your subscription settings (if applicable), or by contacting us at hello@pestie.com.

Auto-Renewal Disclosure

By enrolling in a subscription plan, you authorize Pestie to charge your payment method on a recurring basis (e.g., per shipment or season) without further approval, until you cancel. Pestie will send a reminder before each charge, and a post-purchase confirmation email will be sent that includes the terms of your subscription and the renewal schedule.

All orders are subject to our acceptance and product availability. We reserve the right to reject or cancel any order at our sole discretion, including after confirmation, due to product availability, errors in pricing, or violations of these Terms.

Shipments are typically scheduled based on your geographic region and seasonal pest activity. Pestie may ship products in multiple packages depending on availability and fulfillment logistics. Shipping timelines are estimates and are not guaranteed.

Returns and Refunds

Pestie stands behind its products and wants you to be satisfied with your experience. If you're not happy with your order, please review our Return, Refund, and Bug-Free Guarantee Policy, which is incorporated into these Terms by reference.

If your shipment arrives damaged or incomplete, please notify us within 7 days of delivery so we can resolve the issue promptly.

Some states may provide additional rights regarding product returns, warranties, or remedies for defective items. Nothing in this section is intended to limit those rights where they apply.

Disclaimers of Warranties

THE SITE, SERVICES, PRODUCTS, CONTENT, AND ANY DIY GUIDANCE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PESTIE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PESTIE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. PESTIE ALSO MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT, GUIDANCE, OR RESULTS PROVIDED THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND THAT RESULTS MAY VARY BASED ON LOCATION, INFESTATION LEVEL, APPLICATION METHOD, WEATHER, AND OTHER ENVIRONMENTAL FACTORS. PESTIE DOES NOT GUARANTEE COMPLETE PEST ELIMINATION OR THAT ANY PRODUCT OR TREATMENT PLAN WILL BE EFFECTIVE FOR EVERY SITUATION.

PESTIE DOES NOT MANUFACTURE THE PRODUCTS AND MAKES NO WARRANTIES REGARDING THE PRODUCTS BEYOND THOSE, IF ANY, PROVIDED BY THE PRODUCT MANUFACTURER. ANY SUCH WARRANTIES, IF AVAILABLE, MUST BE PURSUED DIRECTLY WITH THE MANUFACTURER.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, PESTIE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR PRODUCTS — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL PESTIE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, SERVICES, OR PRODUCTS EXCEED THE TOTAL AMOUNT YOU PAID TO PESTIE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THIS SECTION IS INTENDED TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW — INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Pestie, its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against any and all claims, demands, liabilities, losses, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Site, Services, or products;
  • Your violation of these Terms or any applicable law, rule, or regulation;
  • Your breach of any representation, warranty, or obligation under these Terms;
  • Any content or materials you submit or transmit through the Site;
  • Any third-party claims or regulatory actions resulting from your failure to use the products in accordance with label instructions, laws, or local restrictions.

Pestie reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate with Pestie in asserting any available defenses.

This indemnity does not apply to the extent any claims arise out of Pestie’s own gross negligence, fraud, or willful misconduct.

This obligation survives the termination or expiration of these Terms and your use of the Site or Services.

Intellectual Property

All content and materials available through the Site and Services — including, without limitation, trademarks, logos, product guides, instructional tools, downloadable files, videos, text, graphics, software, and the overall design and layout of the Site (collectively, “Pestie Content”) — are owned by Pestie or its licensors and are protected by U.S. and international copyright, trademark, patent, and trade secret laws.

You may access and view Pestie Content solely for your personal, non-commercial use. Except as expressly authorized by these Terms, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, reverse engineer, create derivative works from, or exploit any part of the Site, Services, or Pestie Content without our prior written permission.

“Pestie,” our logo, and all related product and service names are trademarks or registered trademarks of Pestie or its affiliates. You may not use these marks without our express written consent.

Nothing in these Terms or your use of the Site or Services grants you any license or right to use Pestie’s intellectual property, whether by estoppel, implication, or otherwise, except as expressly permitted.

User Content

Certain areas of the Site or Services may allow you to submit or post content, including reviews, photos, testimonials, feedback, comments, or other materials (“User Content”). By submitting User Content, you grant Pestie a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, adapt, modify, publish, translate, distribute, publicly display, publicly perform, and otherwise exploit such User Content in any format or media now known or later developed, for any purpose, including advertising, marketing, internal use, and product improvement.

This means, for example, Pestie may use your review in an online ad, repost your testimonial on social media, or incorporate your submission into future campaigns — without additional permission or compensation.

By submitting User Content, you represent and warrant that:

  • You own or have the necessary rights to share the content and grant the license described above;
  • Your content does not infringe or violate any third-party rights, including intellectual property, privacy, or publicity rights;
  • Your content does not violate any applicable law;
  • You waive any “moral rights” or rights of attribution to the extent permitted by law.

You acknowledge that your User Content may be publicly visible and may be used, shared, or republished by others outside of Pestie’s control. Pestie is not responsible for the content, accuracy, or use of any User Content submitted by others.

Pestie does not pre-screen or monitor User Content but reserves the right to review, remove, or restrict access to any User Content at any time, in our sole discretion. Pestie disclaims all liability for content posted by third parties, and under Section 230 of the Communications Decency Act, Pestie is not liable for user-submitted content on its platform.

Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or abusive activity, or violated any applicable law or regulation. Termination may include removal of your access credentials, deletion of account-related data, and restriction of future access.

You may cancel your account or subscription at any time through your account settings or by contacting us directly at hello@pestie.com. Upon cancellation or termination, your right to access and use the Site and Services will immediately cease.

Termination does not affect any obligations or rights that have accrued up to that point, including payment obligations or obligations under indemnity, arbitration, limitations of liability, or intellectual property.

The following sections will survive termination: DIY Guidance and Product Use, Risk Acknowledgment, Disclaimers, Limitation of Liability, Indemnification, Intellectual Property, User Content, Dispute Resolution and Arbitration Agreement, and any other provisions which by their nature should survive termination.

Dispute Resolution and Arbitration Agreement

Our Customer Support team is available at hello@pestie.com to address any concerns you may have regarding the Site or Services. Most concerns are quickly resolved in this manner.

In the unlikely event that you or we experience an issue that cannot be resolved informally, you and we agree to the dispute resolution processes set forth below. If a dispute cannot be resolved through the mandatory informal dispute resolution process, then except as otherwise stated below, you and we agree to address the dispute through binding individual arbitration or in small claims court where you reside, rather than through a jury trial or class action. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

Unless specifically excepted in the Mutual Arbitration Agreement section below, “Dispute” shall be interpreted broadly to cover any claim or controversy arising out of, relating in any way to, or connected in any way with: (i) your use of Site or Services; (ii) your purchase of any Services; (iii) the advertising, marketing, sale, condition, or performance of the Services; (iv) your personal or financial information; (v) your relationship with Pestie; and (vi) the terms and conditions relating to the Site and Services, including, but not limited to, these Terms and the Privacy Policy. “Party” shall be interpreted to refer to you and us individually, and “Parties” shall refer to you and us collectively.

The terms of this Dispute Resolution and Arbitration Agreement apply to all Disputes, even if the acts, omissions, or relationships giving rise to such Disputes occurred prior to this version of the Terms (or such modification).

Mandatory Pre-Filing Resolution Conference:

Before you or Pestie may commence an arbitration, the parties must first complete the notice and conference process described in this section. This process applies equally to you and to Pestie, and is intended to give both parties a genuine opportunity to resolve a dispute individually and informally before incurring the cost of arbitration.

Notice of Dispute. The Party initiating a dispute must first deliver a written Notice of Dispute to the other party. A party seeking to initiate a Dispute must provide a Notice of Dispute that is signed personally by the Party (not solely by counsel) and must include: (i) the Party’s full name, mailing address, email address, and the phone number associated with the Party’s Pestie account(s) or order(s); (ii) the order number or numbers at issue; (iii) a description of the specific facts giving rise to the Dispute; (iv) the specific relief sought and the basis on which it is calculated; (v) the date of the Party’s signature; and (vi) in the event of a Mass Arbitration (as defined below), all relationships with third-party litigation funders related to the Mass Arbitration and copies of all applicable litigation funding agreements; and (ii) any financial interest that you or we have assigned or transferred to a third party (excluding either party’s counsel of record) in connection with the Mass Arbitration and any agreements governing that assignment or transfer. A notice submitted on behalf of multiple claimants, or that does not contain all of the information above does not satisfy this requirement. If you are sending a Notice of Dispute, it must be sent to Pestie, Inc., Attn: Legal Department, 920 W. 14600 S., Suite 600, Bluffdale, UT 84065, with a copy by email to legal@pestie.com. If Pestie is sending you a Notice of Dispute, it will deliver it to the mailing addressed associated with your Pestie account, with a copy by email to the email address on file with your Pestie account.

Pre-Filing Resolution Conference. Within sixty (60) days after a Notice of Dispute is received, the parties will confer in good faith to attempt to resolve the dispute. The conference will be held by videoconference or, if both parties agree, in person at a mutually convenient location or by telephone, and will be scheduled at a mutually reasonable date and time. You must attend and participate in the conference personally, as will a representative of Pestie with settlement authority, even if you or we have retained counsel. Counsel may attend and participate alongside the party they represent. Each conference will address only your individual dispute; conferences for multiple claimants may not be consolidated or conducted jointly without the written consent of both parties.

Condition Precedent; Tolling. Delivery of a conforming Notice of Dispute and completion of the Resolution Conference are mandatory conditions precedent to commencing an arbitration or proceeding in court. If either Party does not comply with the Notice of Dispute and Pre-Filing Resolution Conference requirements, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, neither the American Arbitration Association (“AAA”) nor any other arbitration administrator shall accept, administer, or charge any Party fees (including filing fees) associated with such arbitration. Any applicable statute of limitations, and any contractual or arbitral filing deadline, will be tolled from the date a conforming Notice of Dispute is delivered until the Pre-Filing Resolution Conference is completed or the sixty (60) day period expires, whichever is later.

Class Action Waiver and Individual Relief:

You and we agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff or claimant in any purported class, collective, consolidated, or representative proceeding. This means that you and we may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent of a minor, a guardian, or in another similar capacity for an individual who cannot otherwise bring their own individual claim.

The arbitrator may award relief 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. Further, unless you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If any prohibition in these Class Action Waiver and Individual Relief provisions is found to be unenforceable with respect to a particular claim or request for relief, then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other arbitrable claims and requests for relief.

Small Claims:

If the Parties are not able to resolve the Dispute through the Mandatory Pre-Filing Resolution Conference, you and we agree that either Party may elect to have the Dispute heard in small claims court in the county or parish in which you reside seeking only individualized relief and so long as the Dispute falls within the jurisdictional limits of that court.

Mutual Arbitration Agreement:

If the Parties are not able to resolve the Dispute through the Mandatory Pre-Filing Resolution Conference and neither Party elects to have the Dispute heard in small claims court, you and we agree that the Dispute will be resolved through binding individual arbitration, except that a court of competent jurisdiction shall have exclusive jurisdiction over the following:

  • Any Dispute relating to the infringement or other misuse of intellectual property rights;
  • Any Dispute that exclusively seeks declaratory or injunctive relief; and
  • Any proceeding to (i) enforce the prohibition on class, collective, representative, or consolidated actions or proceedings, (ii) enjoin the filing and prosecution of arbitration demands or small claims court proceedings to enforce this Dispute Resolution and Arbitration Agreement, or (iii) adjudicate a Dispute over whether you effectively opted out of arbitration or adjudicate a Dispute that has been opted out.

Arbitration will be administered by the AAA and heard by a single, neutral arbitrator. Except as modified by this Mutual Arbitration Agreement, the AAA will administer the arbitration in accordance with their rules applicable to the nature of the Dispute (the “AAA Rules”). The AAA Rules are available at https://www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Mutual Arbitration Agreement, the Parties shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (as modified by this Mutual Arbitration Agreement). If the Parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AAA Rules (as modified by this Mutual Arbitration Agreement).

A Party seeking to initiate arbitration must provide the other Party with a written demand for arbitration as specified in the AAA Rules. By submitting the demand for arbitration, a Party (and their counsel if they are represented) certifies that (i) they have complied with Mandatory Pre-Filing Resolution Conference and (ii) the claims and the relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any sanctions available under federal or applicable state law against all appropriate persons (including counsel) as a court would.

If a Party seeks to withdraw a demand for arbitration after the appointment of an arbitrator but before a merits hearing (and the Dispute has not been settled or otherwise resolved by agreement), and the Party is represented by counsel, the arbitrator shall retain authority to consider any request by the other Party for reimbursement of arbitration fees paid or payable as of the date of the withdrawal.

The arbitrator shall issue a written award sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall not be given preclusive effect or be binding in any other proceeding involving different persons.

Any arbitration hearing will be conducted in the county or parish where you reside or at another location that is reasonably convenient to you.

Mass Arbitrations.

If more than twenty-five (25) claimants (including you) assert the same or similar claims against us through the same or coordinated counsel (“Mass Arbitrations”), you and we understand and agree that the additional procedures in this Mass Arbitrations section apply and that the resolution of your Dispute might be delayed.

Stage One. Counsel for the claimants and counsel for us shall each select thirteen (13) claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any per-claim arbitration fees (including any filing fees, case management or arbitrator appointment fees, hearing or final fees, or arbitrator compensation) be assessed in connection with those remaining claims unless and until they are filed and deemed filed as part of the agreed-upon staged process. Each arbitrator shall endeavor to issue their award within one hundred eighty (180) days after their appointment. If for any reason an arbitrator is unable to issue their award within three hundred and sixty-five (365) days after their appointment, that arbitration shall be deemed completed for purposes of the staging process. After the Stage One claims are arbitrated or otherwise deemed completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and we shall pay the mediation fee.

Stage Two. If your claim is not resolved after the first set of staged proceedings and the related mediation, either: (i) you or we may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction; or (ii) if neither you nor us elects to have your claim heard in court, then your claim may proceed in an individual arbitration simultaneously with any other remaining claims in their respective individual arbitrations.

Any relevant limitations period or other similar deadline shall be tolled for claims subject to these additional procedures that apply to Mass Arbitrations from the time that Notice of the Disputes is provided under this Dispute Resolution and Arbitration Agreement, until the time the claims are selected for a staged arbitration process, withdrawn, opted out of arbitration, or otherwise resolved.

A court of competent jurisdiction shall have the authority to enjoin the filing and prosecution of arbitration demands to enforce the provisions in this Mass Arbitrations section.

Opt-Out: You may opt out of this arbitration agreement by mailing a written notice to the address below within 30 days of your first purchase or account creation, or, if you have agreed to a previous version of these Terms, within thirty (30) days following the Last Updated Date, set forth above. Your request to opt out must include your full name, mailing address, email address, telephone number, and a clear statement that you wish to opt out of arbitration. Otherwise, you will be bound to arbitrate in accordance with the provisions of this Dispute Resolution and Arbitration Agreement. Opting out of this arbitration agreement will not affect in any way the benefits to which you would otherwise be entitled.

Pestie, Inc.
Attn: Arbitration Opt-Out
920 W. 14600 S., Suite 600
Bluffdale, UT 84065

Application of Federal Arbitration Act and Jury Trial Waiver:

You and we agree that the Terms and this Dispute Resolution and Arbitration Agreement evidence a transaction in interstate commerce and that the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies.

To the fullest extent permitted by law, you and we agree to waive the right to a jury trial.

Governing Law and Dispute Resolution:

These Terms, and any dispute between you and Pestie that is not subject to arbitration or that is brought in small claims court pursuant to this Dispute Resolution and Arbitration Agreement, are governed by the laws of the State of Utah, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction and exclusive venue of the state and federal courts located in Utah County, Utah for the resolution of any such disputes.

Nothing in these Terms affects your rights under the laws of your state of residence where such rights cannot be waived by contract.

Survival:

This Dispute Resolution and Arbitration Agreement shall survive termination of your relationship with us, including, but not limited to, termination of your use of any Services.

Marketing Communications and Privacy

By using the Site or Services, you acknowledge that Pestie may send you transactional or promotional messages via email or SMS, subject to your preferences. You may opt out at any time as described in our Privacy Policy, which explains how we collect, use, and manage your information.

Miscellaneous

These Terms, along with our Privacy Policy and any policies or notices explicitly referenced herein, constitute the entire agreement between you and Pestie concerning your use of the Site and Services. They supersede any prior or contemporaneous agreements, communications, or understandings — whether written or oral.

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder of the Terms will remain in full force and effect.

Pestie’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it later.

You may not assign or transfer your rights under these Terms without our prior written consent. Pestie may assign these Terms freely, including to a successor in interest in a merger, acquisition, or sale of assets.

We are not responsible for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, labor disputes, natural disasters, internet outages, or governmental actions.

Nothing in these Terms shall limit any non-waivable consumer rights under applicable law.

Binding Agreement and Click-Wrap Consent

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS CONSTITUTE A LAWFUL AND ENFORCEABLE “CLICK-WRAP” AGREEMENT UNDER APPLICABLE LAW, INCLUDING THE U.S. ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE (E-SIGN) ACT.

BEFORE SUBMITTING AN ORDER OR USING ANY SERVICES, THE SITE WILL PRESENT A PROMPT REQUIRING YOU TO AFFIRMATIVELY INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CHECKING A BOX. YOU WILL NOT BE ABLE TO COMPLETE YOUR PURCHASE OR USE THE SERVICES UNLESS YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS.

BY CHECKING THE BOX AND COMPLETING YOUR PURCHASE OR CREATING AN ACCOUNT, YOU ENTER INTO A LEGALLY BINDING CONTRACT WITH PESTIE, INC.

DMCA Notice

Pestie respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that any content available on the Site infringes your copyright, you may submit a written notice to our designated agent as outlined below.

Your DMCA notice must include the following information:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you claim has been infringed;
  • Identification of the material that is allegedly infringing and a description of its location on the Site;
  • Your name, address, telephone number, and email address;
  • A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Please send your notice to:

DMCA Agent
Pestie, Inc.
hello@pestie.com
920 W. 14600 S., Suite 600
Bluffdale, UT 84065

Pestie reserves the right to remove any allegedly infringing content in accordance with applicable law and to terminate the accounts of repeat infringers as required by Section 512 of the DMCA.

Contact Information

If you have any questions about these Terms, the Site, or the Services, or if you need to contact us regarding your account, subscription, or any legal matters, you may reach us at:

Pestie, Inc.
Email: hello@pestie.com
Website: pestie.com

For legal notices, please send written correspondence to:

Pestie, Inc.
Attn: Legal Department
920 W. 14600 S., Suite 600
Bluffdale, UT 84065

We encourage you to contact us with any questions or concerns—our team is here to help.

Mobile Terms of Service

The Pestie mobile message service (the "Service") is operated by Pestie, Inc. (“Pestie”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Pestie’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Pestie through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Pestie. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +737843 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Pestie mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +737843 or email hello@pestie.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.