Help Desk Software

TERMS OF USE

Welcome to the HeronPest.com website (the “Site”) operated by Heron Lawn and Pest Control.  Your use of the Site or registration with the Site is subject to the notices, terms, and conditions set forth in these Terms of Use (the “Terms”), an agreement between You and Heron Pest Control, Inc. d/b/a Heron Lawn and Pest Control (“Heron”).  In these Terms, “You” or “Your” means any person or entity using or registering on the Site.  Unless otherwise stated, “Heron” or “We” or “Our” will refer collectively to Heron Lawn and Pest Control and its subsidiaries, affiliates, employees, agents, and representatives.

If You do not agree to the Terms, please do not use the Site.  By using the Site, You represent and warrant that You are at least 18 years of age and that You have read, understood and agree to the Terms and consent to be bound by all of them.  Please review the Terms each time You use the Site to learn of any changes.

USE OF HERON SERVICES AND CONTENT:  Heron authorizes You to view, access and use the Site solely for Your personal use.  You agree not to misuse, sell, modify, reproduce, display, distribute, or otherwise use the Site or content in any way for public or commercial purpose or in any other manner that is likely to confuse consumers, disparage or discredit Heron, or impinges on Heron’s intellectual property rights.

SITE RESTRICTIONS:  You are prohibited from violating or attempting to violate the network security or encryption of the Site or services, including without limitation, accessing data, server or account not intended for You or You are not authorized to access, attempting to interfere with services via virus, “spamming”, “overloading”, or the similar and forging any email, blog or newsgroup postings.

PRIVACY POLICY:  When You register with the Site, You will be asked to create an account and provide Heron with certain information.  By agreeing to these Terms, You agree to the terms of the Heron’s Privacy Policy and acknowledge that said information You submit will be used in accordance with Heron’s Privacy Policy.  Heron’s Privacy Policy may be subject to change and it is Your responsibility to review Heron’s Privacy Policy prior to use of the Site.

DISCLAIMERS:  The Site, the operation of the Site, its information or content, materials, images, products, services are provided “as is” and Heron makes no representations or warranties of any kind, express or implied, regarding the Site, its information or content, materials, images, products, services including without limitation, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quite enjoyment, data accuracy and system integration, to the fullest extent permissible under applicable law, except as otherwise provide in the Terms of Use included on the Site.

The Site may contain inaccuracies, mistakes or typographical errors.  Heron does not warrant or make any representations regarding the use or the results of the use of any products, services or content on the Site in terms of its correctness, accuracy or reliability, or otherwise.  Accordingly, You acknowledge that Your use of the Site, the services, and the products is a Your own risk.

Heron does not warrant that access to the Site or its content will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

Heron utilizes third party programs, products and software to process Your credit card and debit payments and the Site merely acts as a portal to assist You.  Heron takes no responsibility for damages of any kind as a result of Your use of any third party programs, products and software through the Site.

Services provided by Heron that may be paid for through the Site are limited to pest control in the following counties:  Flagler, Lake, Marion, Orange, Osceola, Seminole, Sumter, and Volusia.  All recommendations for pesticide use or treatment for a specific pest control problem addressed on the Site or recommendations made through direct consultation of one of our employees or agents through the Site are for general informational purposes only.  Our recommendations are based on our knowledge of Your area, Your home or business, environmental factors, pest identity and population, as well as numerous other factors and are extremely general and limited in nature.  A more exact recommendation shall be provided by Heron’s employees or agents during an in-person inspection.  Prices and estimates for services provided through the Site are subject to change pending an in-person inspection.

Pesticide containers always contain a pesticide label that contains the EPA registration number as well as exact directions for use.  Any free advice given by Heron’s employees or agents on or through the Site for pesticide application or use are based on common application practices in the pest control industry and should never be construed to take the place of the pesticide label.  Heron disclaims any and all liability related to any free advice given by Heron’s employees or agents on or through the Site.

Placing any order for pest control services, does not mean that Your order has been accepted.  Your order constitutes an offer to Heron to buy a service and any order placed through the Site is subject to acceptance by Heron.  A binding contract with Heron will only be formed when You sign a written contract in person with a Heron representative prior to any services being performed.  We reserve the right to cancel Your order at any time before We have accepted it.  Tendering of payment through the Site is does not constitute a binding contract, rather it is an offer by You to Heron and is subject to a counteroffer upon an in-person inspection.  In the event, You, decline Heron’s counteroffer upon an in-person inspection, a refund shall be issued to You.

CANCELLATION:  You may cancel Your order placed through the Site by contacting Heron at 1(800) 814-3766 within three (3) days of submission of Your order.

LIMITATION OF LIABILITY:  Neither Heron, nor its employees, agents or representatives, shall be responsible or liable to You for any damages of any kind including without limitation, to indirect, incidental, punitive, exemplary, special or consequential damages, lost business or profits, expenses, or costs that may result from Your access to or use of the Site, its information or content, materials, images, products, or services.

INDEMNIFICATION:  You agree to hold Heron, its officers, managers, employees, agents, subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorney’s fees incurred by You or any third-party as a result of Your use of the Site, the Heron information or content, the Products or Services and/or Your breach or alleged breach of these Terms.

APPLICABLE LAW:  These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.  You agree that any action at law or equity allowable under the Terms of Use and arising from or relating to these Terms shall be filed in the state court located in Orange County, Florida, and You consent and submit to the personal jurisdiction of such courts for purposes of litigating any such action.

SEVERABILITY:  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

DISPUTES:    You agree that any and all controversies or claims between You and Heron, their principals, agents, representatives, successors, or assigns, arising in any way out of, or relating to the Site or these Terms shall be settled solely and exclusively by arbitration.  Such arbitration shall be conducted in the Orange County, Florida using the substantive law of Florida governing the issue or claim in dispute and in accordance with the Voluntary Binding Arbitration provisions of Section 44.104, Florida Statutes.    The arbitrator shall be independent, mutually agreed upon, and to the greatest extent possible knowledgeable in pest control matters by education, experience, licensing and training to deal with the issues and claims presented.  The decision of the arbitrator shall be a final and binding resolution of the disagreement, which may be entered as a judgment by any court of competent jurisdiction.  Neither party shall sue the other where the basis of the suit is or arises out of these Terms, other than for (1) enforcement of the arbitrator’s decision, or (2) appointment of an arbitrator if one cannot be mutually agreed upon.  The parties specifically agree that the sole and exclusive venue of any suit shall be Orange County, Florida.  All costs, expenses, and fees of arbitration and settling a controversy shall be borne equally by the parties.  This arbitration provision shall survive cancellation, expiration, or termination of the Terms.

LINKS:  The Site may contain links to other websites on the Internet that are owned and operated by third parties.  You acknowledge that Heron is not responsible for the operation of or content located on or through any other website.

THIRD PARTY SOFTWARE:  Heron may make software from third-party companies available to You.  Each software product is subject to the individual company’s terms and conditions and the agreement will be between You and the respective company.  Heron does not offer any warranty on any third-party software You download using the Site.  Heron shall not be responsible or liable to You for damages of any kind as a result of Your use of a third-party software, products or programs, including for processing of Your online payment, accessed through the Site.

COLLECTION OF TAXES:  We may be required to collect sales tax for services provided.  For purchases where sales tax is applicable, You will see the tax calculated on the checkout page before You submit Your order.

USER CONTENT AND SUBMISSIONS:  By submitting, posting or displaying User content including, but not limited to, “grade our services” or “compliment a technician”, You grant to Heron a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User content for the purpose of promoting Heron.  Heron will discontinue this licensed use within a reasonable period after You contact Heron and request removal.  Heron reserves the right to refuse to accept post, display or transmit any User content in its sole discretion.  Heron does not represent or guarantee the truthfulness, accuracy, or reliability of User content or endorses any opinions expressed by the users of the Site.  You acknowledge that any reliance on material posted by other users will be at Your own risk.

OUR ADDRESS:  Please send any questions or comments regarding the Site to:  Heron Lawn and Pest Control at 2114 S. Orange Blossom Trail, Apopka, Florida 32703.

"I live in downtown Orlando, and early last year I had the sod replaced in my front yard. Within weeks, the new sod showed signs of infestation. A month later, it looked worse than before I had it repl..." read more

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1.800.814.3766

(HERON)

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