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PRIVACY POLICY & TERMS OF USE

 

 

PRIVACY POLICY

Last updated February 19, 2025

 

This Privacy Notice for Pink Pest Solutions LLC (“we”, “us”, or “our”), describes how and why we might access, collect, store, use, and/or share (“process”) your personal information when you use our services (“Services”), including when you:

 

  • Visit our website at http://www.pinkpestKC.com, or any website of our that links to this Privacy Notice

  • Engage with us in other related ways, including any sales, marketing, or events

 

Question or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information will be processed. If you do not agree with out policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at hello@pinkpestKC.com.


 

SUMMARY OF KEY POINTS

 

This summary provides key points from our Privacy Notice, but you can find out more details about any of these topics within the full Privacy Notice below. 

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.

 

Do we process sensitive personal information? Some of the information may be considered “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. We do not process sensitive personal information. 

 

Do we collect any information from third parties? We may collect information from public databases, marketing partners, social media platforms, and other outside sources. 

 

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with the law. We may also process your information only when we have a valid legal reason to do so.

 

How do we keep information safe? We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 1005 secure, so we cannot promise or guarantee that hackers, cyber criminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. 

 

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. 

 

How do you exercise your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.


 

PRIVACY NOTICE TABLE OF CONTENTS 

  1. WHAT INFORMATION DO WE COLLECT?

  2. HOW DO WE PROCESS YOUR INFORMATION?

  3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

  4. HOW LONG DO WE KEEP YOUR INFORMATION?

  5. DO WE COLLECT INFORMATION FROM MINORS?

  6. WHAT ARE YOUR PRIVACY RIGHTS?

  7. CONTROL FOR DO-NOT-TRACK FEATURES

  8. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

  9. DO WE MAKE UPDATED TO THIS NOTICE?

  10. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

  11. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

 

1. WHAT INFORMATION DO WE COLLECT?

 

Personal information you disclose to us

 

In Short: We collect personal information that you provide to us. 

 

We collect personal information that you voluntarily provide to us when you register for our Services, express and interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us. 

 

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

  • Names

  • Phone numbers

  • Email addresses

  • Mailing addresses

  • Contact preferences

  • Billing addresses

  • Debit/credit card numbers

SMS Messaging Service:

  • Data collection: We will collect your name, email address, mailing address, and mobile phone number when you sign up for SMS updates. The information will be collected via the website contact form, email, rental agreement, or third party reservation systems.

  • ​Data Usage: We will use your data solely for sending customer care and account notification messages.

  • Data Security: We protect your data with secure storage measures to prevent unauthorized access.

  • Data Retention: We retain your information as long as you are subscribed to our SMS service. You may request deletion at anytime.

  • MESSAGE AND DATA RATES MAY APPLY. Your mobile carrier may charge fees for sending and receiving text messages, especially if you do not have an unlimited texting or data plan.

  • Messages are recurring, and message frequency varies.

  • Contact Pink Pest Solutions at (913) 423-0450 or hello@pinkpestkc.com for HELP or to STOP receiving messages.

  • Opt-Out: You can opt out of the SMS list at anytime by texting, emailing, or replying STOP or UNSUBSCRIBE to (913) 423-0450 or hello@pinkpestkc.com. After unsubscribing, you will receive a final SMS to confirm you have unsubscribed and we will remove your number from our list within 24 hours.

  • You can send HELP for additional assistance, and you will receive a text including our phone number, email, and website. We are here to help you. 

  • Non-Sharing Clause: We do not share your data with third parties for marketing purposes. Pink Pest Solutions will not sell, rent, or share the collected mobile numbers. 

Sensitive Information. We do not process sensitive information. 

 

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. 

 

Information automatically collected

 

In Short: Some information – such as your Internet Protocol (IP) address and/or browser and device characteristics – may be collected automatically when you visit our Services.

 

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal you specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. 

 

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data  may include your IP address, device information, browser type, and setting and information about your activity in the Services (such as the date/time stamps associated with you usage, pages and filed viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings). 

  • Device Data. We collect device data such as information about your computer, phone, tabler, or other device you use to access the Services. Depending on the device used, this device may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information. 

  • Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geographic data that tell us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the service. 

 

Google API

 

Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use Requirements. 

 

Information collected from other sources

 

In Short: We may collect limited data from public databases, marketing partners, and other outside sources. 

 

In order to enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing offers, affiliate programs, data providers, and from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and event promotion. 

 

2. HOW DO WE PROCESS YOUR INFORMATION?

 

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with the law. We may also process you information for other purposes with your consent. 

 

We process you personal information for a variety of reasons, depending on how you interact with our Services, including:

  • To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order. 

  • To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.

  • To respond to user inquiries/offer support to users. we may process you information to respond to your inquiries and solve any issues you might have with the requested service. 

  • To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services. 

  • To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services. 

  • To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see “WHAT ARE YOUR PRIVACY RIGHTS?” below.

  • To deliver targeting advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more. 

  • To post testimonials. We post testimonials on our Services that may contain personal information. 

  • To protect our Services. We may process you information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention. 

  • To administer prize draws and competitions. We may process you information to administer prize draws and competitions. 

  • To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience. 

  • To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them. 

  • To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you. 

  • To comply with our legal obligations. We may process you information to comply with our legal obligations, respond to legal requests, and exercise, establish, and defend our legal rights. 

 

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

 

In Short: We may share information in specific situations described in this section and/or with the following categories of third parties. 

 

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our  behalf and require access to such information to do that work.

 

The categories of third parties we may share personal information with are as follows:

  • Website Hosting Service Providers

  • Sales and Marketing Tools

  • Payment Processors

  • AI Platforms

  • Communication and Collaboration Tools

  • Data Analytics Services

  • Data Storage Service Providers

  • Finance and Accounting Tools

  • Government Entities

  • Performance Monitoring Tools

  • User Account Registration and Authentication Services

 

We also may need to share you personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. 

 

4. HOW LONG DO WE KEEP YOUR INFORMATION?

 

In Short: We keep you information as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law. 

 

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us to keep your personal information for longer than the period of time in which users have an account with us. 

 

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 

 

5. HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?

 

In Short: We aim to protect your personal information through a system of organizational and technical security measures. 

 

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal or modify your information. Although we will do our best to protect your personal information to and from our Services is at your own risk. You should only access the Service within a secure environment.

 

6. DO WE COLLECT INFORMATION FROM MINORS?

 

In Short: We do not knowingly collect data from or market to children under 18 years of age.

 

We do not knowingly collect, solicit data from, or market to children under 18 years of age, not do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 years or that you are the parent or guardian of such a minor and consent to such minor dependant’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take responsible measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at emily@pinkpestKC.com.

 

7. WHAT ARE YOUR PRIVACY RIGHTS?

 

In Short: You may review, change, or terminate your account at any time, depending on you country, province, or state of residence. 

 

Withdrawing your consent: If we are relying on your consent to process personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. 

 

However, please note that this will not affect the lawfulness of the processing before its withdrawal no, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful process grounds other than consent. 

 

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying “STOP” or “CANCEL” to the SMS messages that we send, or by contacting us using the details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. You will then be removed from the marketing lists. However, we may still communicate with you – for example to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. 

Data Usage: Contacts opt-in on our website contact page at https://www.pinkpestkc.com/contact-3 by checking a box to agree to receive messages from Pink Pest Solutions. Message types and message frequency varies, and message and data rates may apply. HELP for support and STOP or CANCEL to opt-out instructions are disclosed. We confirm that no mobile opt-in info is shared with 3rd parties, and provide a link to our privacy policy from Pink Pest Solutions at https://www.pinkpestkc.com/privacy-policy-and-terms-of-use.

 

• Data Security: We protect your data with secure storage measures to prevent unauthorized access.

 

• Data Retention: We retain your information as long as you are subscribed to our SMS service. You may request deletion at any time.

 

• MESSAGE AND DATA RATES MAY APPLY. Your mobile carrier may charge fees for sending or receiving text messages, especially if you do not have an unlimited texting or data plan.

 

• Messages are recurring, and message frequency varies.

 

Account Information

 

If you would at any time like to review or change the information in your account or terminate your account, you can:

 

  • Contact us using the contact information provided.

 

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms, and/or comply with applicable legal requirements. 

 

If you have question or comments about your privacy rights, you may email us at emily@pinkpestKC.com

 

8. CONTROLS FOR DO-NOT-TRACK FEATURES

 

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice. 

California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing and honoring DNT signals, we do not respond to them at this time. 

 

9. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

 

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you may have the right to access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below. 

 

Categories of Personal Information We Collect

 

We have collected the following categories of personal information in the past twelve (12) months:

Category A: Identifiers

  • Examples: Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email addresses, and account name

  • Collected? YES

Category B. Personal information as defined in the California Customer Records statute

  • Examples: Name, contact information, education, employment, employment history, and financial information

  • Collected? YES

Category C. Protected classification characteristics under state or federal law

  • Examples: Gender, age, date of birth, race and ethnicity, national origin, marital status and other demographic data

  • Collected? NO

Category D. Commercial information

  • Examples: Transaction information, purchase history, financial details, and payment information

  • Collected? YES

Category E. Biometric information

  • Examples: Fingerprints and voiceprints

  • Collected? NO

Category F. Internet or other similar network activity

  • Examples: Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements

  • Collected? NO

Category G. Geolocation data

  • Examples: Device location

  • Collected? YES

Category H. Audio, electronic, sensory, or similar information

  • Examples: Images and audio, video or call recordings created in connection with our business activities

  • Collected? YES

Category I. Professional or employment-related information

  • Examples: Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us

  • Collected? YES

Category J. Education Information

  • Examples: Student records and directory information

  • Collected? NO

Category K. Inferences drawn from collected personal information

  • Examples: Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individuals preferences or characteristics 

  • Collected? YES

Category L. Sensitive personal Information

  • Collected? NO

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, by phone or mail in the context of:

 

  • Receiving help through customer support channels;

  • Participation in customer surveys or contests; and

  • Facilitation in the delivery of our Services and to respond to your inquiries. 

 

Sources of Personal Information

 

Learn more about the source of personal information we collect in the section  “WHAT INFORMATION DO WE COLLECT?”

 

How We Use and Share Personal Information

 

Learn more about how we use you personal information in the section “HOW DO WE PROCESS YOUR INFORMATION?”

 

We collect and share your personal information through:

 

  • Targeting cookies/Marketing cookies

  • Social media cookies

  • Social media plugins: Facebook, Instagram and LinkedIn. We use social media features, such as a “Like” button, and widgets, such as a “Share” button, in our Services. Such features may process your Internet Protocol (IP) address and track which page you are visiting on our website. We may place a cookie to enable the feature to work correctly. If you are logged in on a certain social media platform and you interact with a widget or button belonging to that social media platform, this information may be recorded to your profile of such media platform. To avoid this, you should log out from that social media platform before accessing or using the Services. Social media features and widgets may be hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy notices of the companies that provide them. By clicking on one of these buttons, you agree to the use of this plugin and consequently the transfer of personal information to the corresponding social media service. We have no control over the essence and extent of these transmitted data or their additional processing. 

 

Will your information be shared with anyone else?

 

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about who we disclose personal information to in the section, “WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?”

 

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal information. 

 

We have not sold or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We have disclosed the following categories of personal information to a third party for business or commercial purposes in the preceding twelve (12) months. 

 

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under “WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?”

 

Your Rights

 

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include. 

 

  • Right to know whether or not we are processing your personal data

  • Right to access your personal data

  • Right to correct inaccuracies in your personal data

  • Right to request the deletion of your personal data

  • Right to obtain a copy of the personal data you previously shared with us

  • Right to non-discrimination for exercising your rights

  • Right to opt out of the processing of your personal data if it is used to targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects (“profiling”)

 

Depending upon the state where you live, you may also have the following rights:

 

  • Right to access the categories of personal data being processed (as permitted by applicable law, including Minnesota’s privacy law)

  • Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including Minnesota’s and Oregon’s privacy law)

  • Right to review, understand, question, and correct how personal data has been profiled (as permitted by applicable law, including Minnesota’s privacy law)

  • Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law)

  • Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)

 

How to Exercise Your Rights

 

To exercise these rights, you can contact us by emailing emily@pinkpestKC.com or by referring to the contact details at the bottom of this document. 

 

Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an unauthorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws. 

 

Request Verification

 

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

 

If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf. 

 

Appeals

 

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at emily@pinkpestKC.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general. 

 

California “Shine The Light” Law

 

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”

 

10. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

 

If you can questions of comments about this notice, you may email us at emily@pinkpestKC.com or contact us by post at:

 

Pink Pest Solutions LLC

9218 Metcalf Ave Suite 142

Overland Park, KS 66212

United States

 

12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

 

Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw you consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please submit your request in writing to us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”

TERMS OF USE

Last updated February 02, 2025

AGREEMENT TO OUR LEGAL TERMS

 

We are Pink Pest Solutions LLC ("Company," "we," "us," "our").

 

We operate , as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

 

You can contact us by email at hello@pinkpestkc.com or by mail to, 9218 Metcalf Ave. Suite 142, Overland Park, KS 66212.

 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and the Company, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

 

We recommend that you print a copy of these Legal Terms for your records.

 

TABLE OF CONTENTS

 

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PROHIBITED ACTIVITIES

5. USER GENERATED CONTRIBUTIONS

6. CONTRIBUTION LICENSE

7. SERVICES MANAGEMENT

8. TERM AND TERMINATION

9. MODIFICATIONS AND INTERRUPTIONS

10. GOVERNING LAW

11. DISPUTE RESOLUTION

12. CORRECTIONS

13. DISCLAIMER

14. LIMITATIONS OF LIABILITY

15. INDEMNIFICATION

16. USER DATA

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

18. MISCELLANEOUS 19. CONTACT US

 

1. OUR SERVICES

 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Our intellectual property

 

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only. Your use of our Services Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

 

  • access the Services; and

  • download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: 9218 Metcalf Ave. Suite 142, Overland Park, KS 66212. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

 

Your submissions

 

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

 

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above mentioned rights in relation to your Submissions; and

  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

 

4. PROHIBITED ACTIVITIES

 

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

 

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or ofine reader that accesses the Services, or use or launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.  

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

5. USER GENERATED CONTRIBUTIONS

 

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

 

6. CONTRIBUTION LICENSE

 

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

7. SERVICES MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

8. TERM AND TERMINATION

 

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

9. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

10. GOVERNING LAW

 

These Legal Terms shall be governed by and defined following the laws of Kansas. You irrevocably consent that the courts of Johnson County shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

 

11. DISPUTE RESOLUTION

 

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

 

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The seat, or legal place, or arbitration shall be Johnson County KS. The language of the proceedings shall be American English. The governing law of these Legal Terms shall be substantive law of Kansas.

 

Restrictions 

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

12. CORRECTIONS

 

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

 

13. DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 15.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

16. USER DATA

 

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.

 

18. MISCELLANEOUS

 

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or  enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

 

19. CONTACT US

 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

9218 Metcalf Ave. Suite 142

Overland Park, KS 66212

​ 

AND

hello@pinkpestKC.com

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9218 Metcalf Ave. Suite 142

Overland Park, KS 66212

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