Terms of Use Policy

‍

Effective Date: August 5, 2026
Last Updated: August 5, 2026

IMPORTANT NOTICE

These Terms of Use contain provisions that affect your legal rights, including a mandatory arbitration provision, a class-action waiver, and a jury-trial waiver in Section 25.

Please review these Terms carefully before using the Website, submitting a request, or agreeing to them.

1. Agreement to These Terms

These Terms of Use (“Terms”) are a legally binding agreement between you and IRC Services, Inc., doing business as The Termite Guy (“The Termite Guy,” “Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of:

• 877termite.com;
• webpages, forms, portals, and digital services that link to these Terms;
• content, articles, pest libraries, photographs, videos, calculators, promotions, and other materials made available through the Website; and
• communications, appointment requests, quote requests, and other interactions initiated through the Website.

Collectively, these are referred to as the “Website.”

By accessing or using the Website, submitting a form through the Website, or selecting a button or checkbox stating that you agree to these Terms, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you do not agree, do not use the Website or submit information through it.

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Website.

When you use the Website on behalf of a company, property owner, homeowners association, property manager, landlord, real estate professional, escrow holder, contractor, or another person or organization, you represent and warrant that:

• you are authorized to act on that party’s behalf;
• you have authority to provide the submitted information;
• you have authority to request the applicable inspection, estimate, or service; and
• your acceptance of these Terms binds both you and that party to the extent permitted by law.

You may not use the Website on behalf of another person without authorization.

3. Website Terms Versus Service Agreements

These Terms govern the Website and online interactions. They do not, by themselves, constitute:

• an inspection agreement;
• a structural pest-control report;
• a treatment authorization;
• a fumigation agreement;
• a home-improvement contract;
• a construction or roofing contract;
• a recurring pest-control agreement;
• a warranty;
• a financing agreement;
• an escrow instruction;
• an agreement to perform services;
• a guarantee that services will be provided; or
• a promise that a particular treatment, repair, price, appointment, result, or warranty will be available.

Services are governed by separate written estimates, proposals, inspection reports, work authorizations, service contracts, preparation instructions, statutory notices, warranty documents, pesticide disclosures, and other documents provided in connection with the applicable work.

If these Terms conflict with a separately signed service agreement concerning the services covered by that agreement, the separately signed service agreement controls for that conflict.

A separate service agreement may contain additional or different provisions regarding:

• scope of work;
• property access;
• preparation responsibilities;
• price and payment;
• change orders;
• cancellation rights;
• warranty coverage;
• exclusions;
• dispute resolution;
• arbitration;
• insurance;
• licensing;
• safety requirements; and
• other service-specific matters.

4. Informational Nature of Website Content

Website content is provided for general informational and educational purposes.

It is not a substitute for:

• an inspection by a properly licensed professional;
• a property-specific diagnosis;
• laboratory analysis;
• engineering, architectural, environmental, legal, medical, tax, insurance, or real estate advice;
• a written structural pest-control report;
• a contractor’s evaluation;
• pesticide labeling or safety instructions;
• fumigation preparation or reentry instructions;
• a written estimate, contract, or warranty; or
• directions from government agencies, pesticide manufacturers, utility providers, emergency personnel, or licensed professionals.

Pest identification, infestation conditions, property damage, treatment options, safety considerations, pricing, and repair needs vary by property.

You should not act or refrain from acting solely because of general information on the Website.

5. No Remote Diagnosis or Guaranteed Result

Photographs, descriptions, telephone discussions, web-form submissions, property records, and other remotely supplied information may be incomplete or inaccurate.

Unless expressly stated in a signed written agreement:

• we do not diagnose an infestation solely from Website information;
• we do not determine the full extent of damage without an appropriate inspection;
• we do not guarantee that information submitted through the Website is sufficient to recommend a treatment;
• we do not guarantee that a particular treatment will be appropriate;
• we do not guarantee that a requested appointment will be available;
• we do not guarantee that a quote can be provided without an inspection;
• we do not guarantee eradication, prevention, repair, or other results; and
• no warranty arises from Website content.

Treatment outcomes and warranty rights are governed exclusively by the applicable signed agreement and written warranty.

6. Website Descriptions and Advertising Claims

We seek to describe our services accurately. However, Website descriptions are general and may not apply to every property or transaction.

References to service features, turnaround times, availability, environmental attributes, treatment effectiveness, warranties, repair responsibility, financing, pricing, promotions, or expected results are subject to:

• property-specific conditions;
• inspection findings;
• service location;
• applicable laws and regulations;
• licensing limitations;
• product labels;
• weather;
• access and preparation requirements;
• subcontractor or utility availability;
• exclusions stated in the applicable contract;
• written warranty terms; and
• other disclosed conditions.

Nothing in these Terms eliminates rights or remedies arising from a representation that cannot lawfully be disclaimed.

7. Estimates, Quotes, and Appointment Requests

Submitting a Website form or speaking with a representative does not guarantee an appointment or create an obligation to provide services.

Unless expressly identified as a binding written proposal:

• online, telephone, preliminary, or “ballpark” pricing is an estimate only;
• pricing may change after inspection, measurement, investigation, or discovery of additional conditions;
• taxes, permit fees, utility charges, engineering costs, hazardous-material costs, access costs, repair costs, and other charges may be additional;
• appointment times are requests rather than guarantees;
• work is not authorized until the required documents are executed; and
• no service relationship exists merely because information was submitted.

A written estimate or proposal may expire according to its stated terms.

We may decline a request for any lawful reason, including service-area restrictions, scheduling limitations, safety concerns, property conditions, inability to verify authority, licensing limitations, incomplete information, or inability to agree on appropriate terms.

8. Property Information and Access Authority

When requesting an inspection, estimate, treatment, fumigation, repair, or other service, you represent that the information you provide is accurate and that you are authorized to:

• request the service;
• arrange access to the property;
• disclose relevant property information;
• identify owners, occupants, tenants, property managers, or transaction participants;
• provide photographs or documents concerning the property; and
• authorize communications with identified representatives.

You must disclose known conditions that could reasonably affect access, safety, inspection, treatment, fumigation, or repair, including, where relevant:

• people or animals at the property;
• locked or restricted areas;
• utilities;
• alarms or security systems;
• pools, ponds, wells, or water features;
• solar panels;
• fragile roofing or structures;
• hazardous materials;
• chemicals;
• medical equipment;
• food, medication, plants, or living organisms;
• construction activity;
• easements or shared structures;
• occupant restrictions;
• legal disputes affecting access; and
• other unusual hazards or conditions.

Providing inaccurate or incomplete information may delay or prevent service and may affect contractual rights.

9. Safety and Emergencies

The Website is not an emergency-response service.

Do not use a Website form, email, or nonemergency telephone line to report an immediate threat to life, health, property, animals, or the environment.

For an emergency, contact appropriate emergency services, a poison-control resource, the product manufacturer, a medical professional, a veterinarian, the utility provider, or the appropriate government agency.

Never enter a fumigated, treated, posted, restricted, unsafe, or structurally unstable area before authorized reentry or clearance.

Always follow:

• pesticide labels;
• preparation instructions;
• evacuation instructions;
• reentry notices;
• warning signs;
• technician instructions;
• utility requirements;
• government directions; and
• the applicable written agreement.

Website content does not modify product labeling, regulatory requirements, safety documents, or property-specific instructions.

10. User Information

You agree to provide information that is current, complete, and accurate.

You may not:

• impersonate another person;
• use another person’s contact information without authorization;
• submit false property information;
• misrepresent ownership or authority;
• submit fraudulent appointment or quote requests;
• conceal relevant hazards;
• interfere with verification procedures; or
• use forms for spam, solicitation, harassment, testing, scraping, or unrelated commercial purposes.

We may contact you to verify information, authority, ownership, property access, or the legitimacy of a request.

11. Electronic Communications

By using the Website or providing an email address, you consent to receive electronic communications concerning:

• your inquiry;
• appointment scheduling;
• estimates and proposals;
• requested services;
• documents and signatures;
• invoices and payments;
• preparation instructions;
• warranties;
• customer support;
• safety notices;
• changes to these Terms or our Privacy Policy; and
• other transaction-related matters.

You agree that electronic records, notices, disclosures, and signatures may satisfy legal requirements that communications be in writing, to the extent permitted by law.

You are responsible for maintaining a valid email address and reviewing communications sent to it.

This section does not eliminate any legal requirement for a document to be provided or executed in a particular manner.

12. Telephone and Text Communications

Providing a telephone number authorizes us and our service providers to contact you concerning your inquiry, appointment, estimate, transaction, or requested services, including through calls and text messages.

Promotional calls or text messages will be sent only with any consent required by applicable law.

Consent to receive promotional calls or text messages is not a condition of purchasing services.

Message frequency may vary. Message and data rates may apply. You may reply STOP to opt out of applicable text messages and HELP for assistance.

Opting out of promotional communications does not prevent us from sending legally permitted nonpromotional communications concerning an active request, appointment, contract, safety matter, payment, or warranty.

You represent that:

• the telephone number you provide belongs to you or that you are authorized to provide it;
• you will notify us if the number changes or is reassigned; and
• you will not hold us responsible for communications received by a subsequent user of a number when you failed to provide reasonable notice of reassignment.

13. Promotions, Coupons, and Special Offers

Coupons, discounts, promotions, rebates, and special offers are subject to the specific terms presented with the offer.

Unless otherwise stated:

• offers have no cash value;
• offers may not be combined;
• offers must be presented or claimed before the applicable estimate or contract is finalized;
• offers apply only to eligible services and service areas;
• offers may exclude existing contracts, warranties, taxes, permits, subcontracted work, repairs, or special conditions;
• offers are limited to one per customer, household, property, or transaction;
• offers may expire;
• eligibility may require verification; and
• typographical or technical errors may be corrected.

We will not retroactively alter an offer after it has become contractually binding, except as permitted by law or agreed by the parties.

14. Intellectual Property

The Website and its contents are owned by or licensed to The Termite Guy and are protected by copyright, trademark, trade-dress, unfair-competition, and other laws.

Protected content may include:

• text;
• articles;
• pest-library content;
• photographs;
• videos;
• graphics;
• illustrations;
• logos;
• trademarks;
• service marks;
• designs;
• layouts;
• databases;
• reports;
• forms;
• code;
• downloadable materials; and
• the selection and arrangement of Website content.

“The Termite Guy,” related logos, trade names, slogans, and branding may not be used without prior written authorization.

No ownership right is transferred to you by your use of the Website.

15. Limited Website License

Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Website for lawful personal or internal business purposes related to evaluating or requesting our services.

You may print or save reasonable portions of Website content for your own noncommercial reference.

You may not, without prior written permission:

• reproduce or republish substantial Website content;
• sell, license, distribute, or commercially exploit Website content;
• remove copyright, trademark, or proprietary notices;
• frame or mirror the Website;
• use Website content to train an artificial-intelligence or machine-learning system;
• create a competing database, directory, pest library, or service;
• scrape or systematically extract data;
• use automated tools to access the Website in violation of our instructions;
• reverse engineer Website software;
• misrepresent our content as your own;
• use our trademarks in domain names, advertisements, metadata, or keywords in a misleading manner; or
• imply sponsorship, affiliation, or endorsement without authorization.

16. Prohibited Conduct

You may not use the Website to:

• violate any law or regulation;
• infringe intellectual-property, privacy, publicity, contractual, or other rights;
• transmit malware, malicious code, or harmful material;
• attempt unauthorized access to systems, accounts, networks, forms, or data;
• probe, scan, test, bypass, disable, or interfere with security measures;
• overwhelm, disrupt, damage, or impair Website operation;
• harvest contact information;
• send spam or unsolicited communications;
• engage in fraud, impersonation, or deception;
• submit false reviews, requests, complaints, or claims;
• harass, threaten, stalk, or harm another person;
• upload unlawful, defamatory, obscene, or infringing content;
• conceal the origin of a communication;
• manipulate advertising attribution or analytics;
• interfere with another user’s access;
• use bots or automated systems except as expressly permitted;
• copy the Website for a competing service;
• create an unreasonable burden on our infrastructure; or
• assist another person in any prohibited conduct.

We may investigate suspected misuse and cooperate with service providers, regulators, or law enforcement where appropriate.

17. Photographs, Documents, and Other Submissions

You may submit photographs, videos, diagrams, property records, inspection reports, communications, and other materials in connection with a request.

You retain any ownership rights you have in those materials.

You grant us and our service providers a nonexclusive, worldwide, royalty-free license to host, store, reproduce, transmit, review, adapt, and use submitted materials only as reasonably necessary to:

• respond to your request;
• evaluate the property;
• prepare estimates or reports;
• provide and document services;
• administer a transaction or warranty;
• communicate with authorized participants;
• prevent fraud;
• comply with law; and
• establish, exercise, or defend legal claims.

You represent and warrant that:

• you have authority to provide the materials;
• their submission does not violate another person’s rights;
• they are accurate to the best of your knowledge; and
• they do not contain unlawful material.

We will not use nonpublic property photographs or private submissions in public advertising without additional authorization, except where the material has been lawfully made public or deidentified.

Do not submit highly sensitive information unless it is reasonably necessary and specifically requested.

18. Feedback

When you voluntarily provide suggestions, concepts, feature requests, corrections, or other feedback about the Website or our services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback for any lawful purpose without compensation or attribution.

This provision does not authorize public use of private customer information, property photographs, testimonials, or endorsements without any consent required by law.

19. Reviews and Testimonials

Reviews and testimonials displayed on the Website reflect individual experiences. Results vary by property, service, circumstances, and contract.

A testimonial does not:

• guarantee similar results;
• establish a warranty;
• replace a written agreement;
• prove that a service is appropriate for another property; or
• modify applicable exclusions or conditions.

Where we request or publish a customer review, we will not knowingly alter it in a materially misleading manner.

Any incentive provided in connection with a review will be disclosed where required by law.

You may not submit a review that is knowingly false, defamatory, fraudulent, generated by someone who did not have the described experience, or submitted in exchange for an undisclosed prohibited benefit.

20. Third-Party Services and Links

The Website may link to or integrate with third-party services, including:

• maps;
• videos;
• social-media platforms;
• review services;
• payment processors;
• financing providers;
• scheduling systems;
• electronic-signature systems;
• analytics providers;
• advertising platforms; and
• government or licensing resources.

Third-party services are controlled by their respective operators and may be governed by separate terms and privacy policies.

We do not control and are not responsible for:

• third-party availability;
• content;
• security;
• privacy practices;
• representations;
• fees;
• products;
• services; or
• transactions.

A link or integration does not necessarily constitute endorsement.

Your dealings with a third party are between you and that third party unless we expressly agree otherwise in writing.

21. Privacy

Our collection, use, retention, and disclosure of Personal Information are described in our Privacy Policy, available at:

PRIVACY POLICY

The Privacy Policy is incorporated into these Terms by reference for purposes of explaining our information practices. A conflict concerning the handling of Personal Information will be interpreted in favor of applicable privacy law.

22. Website Availability and Changes

We may modify, suspend, withdraw, restrict, or discontinue any part of the Website at any time, subject to applicable law.

We do not guarantee that:

• the Website will always be available;
• access will be uninterrupted;
• content will be error-free;
• defects will be corrected immediately;
• forms will always transmit successfully;
• historical content will remain available; or
• the Website will be compatible with every device or browser.

We may perform maintenance, update content, change Website functionality, restrict automated access, or impose reasonable usage limits.

You are responsible for maintaining appropriate devices, software, connectivity, and security.

23. Disclaimer of Website Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• WEBSITE CONTENT WILL BE COMPLETE, CURRENT, OR APPROPRIATE FOR A PARTICULAR PROPERTY;
• A FORM OR COMMUNICATION WILL BE RECEIVED;
• A PARTICULAR APPOINTMENT, PRICE, SERVICE, TREATMENT, REPAIR, OR RESULT WILL BE AVAILABLE;
• INFORMATION OBTAINED THROUGH THE WEBSITE WILL SATISFY YOUR REQUIREMENTS; OR
• DEFECTS OR ERRORS WILL BE CORRECTED.

THIS DISCLAIMER APPLIES TO THE WEBSITE. WARRANTIES CONCERNING PAID SERVICES, IF ANY, ARE GOVERNED BY THE APPLICABLE WRITTEN SERVICE AGREEMENT AND WARRANTY.

NOTHING IN THESE TERMS EXCLUDES A WARRANTY, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TERMITE GUY AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND WEBSITE SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE WEBSITE.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW:

• LOSS OF DATA;
• LOSS OF USE;
• LOST PROFITS;
• LOST BUSINESS;
• LOST OPPORTUNITY;
• REPUTATIONAL HARM;
• COSTS OF SUBSTITUTE SERVICES;
• DAMAGE RESULTING FROM RELIANCE ON GENERAL WEBSITE CONTENT;
• FAILED OR DELAYED TRANSMISSIONS;
• THIRD-PARTY CONTENT;
• MALWARE OR SECURITY INCIDENTS NOT CAUSED BY OUR FAILURE TO USE LEGALLY REQUIRED CARE; AND
• UNAUTHORIZED WEBSITE USE.

FOR CLAIMS ARISING EXCLUSIVELY FROM USE OF THE WEBSITE, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID DIRECTLY TO US FOR ACCESS TO THE WEBSITE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. ONE HUNDRED DOLLARS.

This limitation does not govern liability arising under a separately signed service agreement except to the extent that agreement expressly incorporates it.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability to the extent arising from:

• fraud;
• fraudulent concealment;
• willful misconduct;
• a willful violation of law;
• gross negligence where it cannot lawfully be limited;
• personal injury or property damage where limitation is prohibited;
• infringement or misappropriation;
• breach of an applicable confidentiality obligation; or
• a nonwaivable statutory right.

Some jurisdictions do not permit certain limitations. In those jurisdictions, the limitations apply only to the maximum extent permitted.

25. Dispute Resolution, Arbitration, and Class-Action Waiver

25.1 Read this section carefully

This section affects the right to bring a lawsuit in court, have a jury decide a dispute, or participate in a class, collective, consolidated, coordinated, or representative action.

25.2 Scope

Except for the excluded matters below, you and The Termite Guy agree that any dispute, claim, or controversy arising out of or relating to:

• the Website;
• these Terms;
• Website content;
• an online request;
• electronic communications initiated through the Website;
• the formation, interpretation, breach, termination, or enforceability of these Terms; or
• the relationship created by Website use,

will be resolved through individual binding arbitration.

If a separately signed service agreement contains a dispute-resolution provision applicable to a dispute concerning paid services, that provision controls the service-related dispute.

25.3 Informal dispute-resolution requirement

Before filing arbitration or litigation, the claimant must send a written Notice of Dispute.

A notice to The Termite Guy must be sent to:

IRC Services, Inc. d/b/a The Termite Guy
Attn: Legal Notice
1440 S. Grand Ave.
Santa Ana, California 92705

Copy by email to: info@877termite.com

A notice to you may be sent to the most recent postal or email address you provided.

The Notice of Dispute must include:

• the claimant’s name and contact information;
• the relevant property address, if applicable;
• a description of the dispute;
• relevant dates;
• the relief requested; and
• the claimant’s personal signature.

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of a complete notice.

Any applicable filing deadline will be tolled during that 30-day period to the extent permitted by law.

This informal process does not prevent either party from seeking urgent temporary relief when necessary to prevent immediate and irreparable harm.

25.4 Small claims court

Either party may bring an individual claim in a California small claims court with jurisdiction, provided the claim remains in that court and proceeds only on an individual basis.

25.5 Government proceedings

Nothing in this section prevents you from reporting a matter to or seeking assistance from a government agency.

An agency may investigate or seek relief to the extent authorized by law.

25.6 Arbitration administrator and rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures then in effect, as modified by these Terms.

If AAA is unavailable or declines to administer the arbitration, the parties will attempt to select another nationally recognized arbitration provider that applies consumer due-process standards. If they cannot agree, a court with jurisdiction may appoint an administrator or arbitrator.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

25.7 Arbitrator authority

The arbitrator may award any individual remedy or relief that a court could award under applicable law, including damages, statutory remedies, attorneys’ fees, and declaratory or injunctive relief benefiting the individual claimant.

A court, rather than the arbitrator, will decide disputes concerning:

• whether the parties formed an agreement to arbitrate;
• whether the arbitration provision is enforceable;
• whether a claim must be arbitrated;
• the validity of the class-action waiver;
• the availability of public injunctive relief; and
• whether a party satisfied the arbitration opt-out procedure.

The arbitrator will decide other disputes concerning the interpretation or application of these Terms and the merits of the claim.

25.8 Location and format

Consumer arbitration may be conducted:

• remotely;
• through documents;
• by telephone or videoconference; or
• in person in the California county where the consumer resides,

as permitted by the applicable rules and law.

The arbitration format must provide a fair opportunity for each party to present its case.

25.9 Arbitration fees

Consumer arbitration fees will be allocated according to the AAA Consumer Arbitration Rules and applicable law.

The Termite Guy will pay the amounts it is required to pay under those rules and applicable law.

We will not seek reimbursement of arbitration fees from a consumer unless the arbitrator determines that the consumer’s claim or conduct was frivolous or brought for an improper purpose under an applicable legal standard.

Each party will ordinarily pay its own attorneys’ fees unless a contract or statute permits an award of attorneys’ fees.

25.10 Individual proceedings only

YOU AND THE TERMITE GUY AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

Neither party may pursue a claim as a plaintiff, claimant, class member, or representative in a:

• class action;
• collective action;
• consolidated action;
• coordinated action;
• private-attorney-general action seeking relief for others; or
• representative proceeding,

except where applicable law does not permit that restriction.

The arbitrator may not consolidate claims of different individuals or preside over a representative proceeding without the written agreement of all affected parties.

25.11 Public injunctive relief

Nothing in this section prevents a consumer from seeking public injunctive relief in court where California law requires that remedy to remain available in court.

To the extent permitted, other arbitrable claims may be stayed while the court decides the public-injunctive-relief claim.

25.12 Jury-trial waiver

TO THE EXTENT A DISPUTE IS ARBITRATED, YOU AND THE TERMITE GUY WAIVE THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY.

To the extent a claim proceeds in court and applicable law permits a predispute jury waiver, each party knowingly and voluntarily waives trial by jury.

Where such a predispute court jury waiver is not enforceable, this sentence does not waive the right.

25.13 Arbitration opt-out

You may opt out of the arbitration agreement in this Section 25 by sending a personally signed written notice within 30 days after you first accept these Terms.

The notice must include:

• your full name;
• your postal address;
• your email address;
• the telephone number used in your request, if any;
• a clear statement that you opt out of the arbitration provision in The Termite Guy’s Terms of Use; and
• your personal signature.

Send the notice to:

IRC Services, Inc. d/b/a The Termite Guy
Attn: Arbitration Opt-Out
1440 S. Grand Ave.
Santa Ana, California 92705

You may also send a copy to: [info@877termite.com

Opting out of arbitration will not affect your ability to use the Website or obtain services.

An opt-out applies only to the arbitration agreement in these Terms. It does not opt you out of a dispute-resolution provision in another agreement.

25.14 Severability of arbitration terms

If a portion of this arbitration provision is found unenforceable, it will be severed and the remainder enforced to the maximum extent permitted.

If the prohibition on class or representative arbitration is found unenforceable with respect to a particular claim, that claim will proceed in court rather than in class or representative arbitration.

If the arbitration provision is found unenforceable in its entirety, Section 26 will govern court proceedings.

26. Governing Law and Court Venue

Except to the extent federal law applies, these Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

For a dispute that is not required to be arbitrated and is not eligible for or filed in small claims court, the parties consent to the exclusive jurisdiction of:

• the state courts located in Orange County, California; and
• the federal courts having jurisdiction over Orange County, California.

This venue provision does not deprive a consumer of a protection that cannot lawfully be waived or require a consumer to litigate in a location prohibited by applicable law.

27. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless The Termite Guy and its owners, officers, directors, employees, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from:

• your unlawful use of the Website;
• your material violation of these Terms;
• information or materials you knowingly submit without authorization;
• your infringement of another party’s rights;
• your fraud, willful misconduct, or knowing misrepresentation; or
• your request for property access or service without appropriate authority.

This provision does not require a consumer to indemnify us for our own negligence, misconduct, violation of law, or breach of duty.

We may control the defense of an indemnified claim, provided we do not settle a claim imposing a personal admission, nonmonetary obligation, or unreimbursed liability on you without your consent.

28. Suspension and Termination

We may restrict, suspend, or terminate Website access when we reasonably believe that a user:

• violated these Terms;
• engaged in unlawful or fraudulent conduct;
• threatened security or operations;
• misused forms or communications;
• infringed another person’s rights;
• created risk to another person or property; or
• exposed us to legal or regulatory risk.

Where reasonably practicable, we may provide notice and an opportunity to address the issue.

Termination of Website access does not automatically terminate a separately signed service agreement.

Provisions that by their nature should survive will remain effective, including provisions concerning intellectual property, disclaimers, limitations of liability, dispute resolution, indemnification, and interpretation.

29. Changes to These Terms

We may revise these Terms prospectively to reflect changes in:

• law;
• regulation;
• Website functionality;
• business practices;
• security needs;
• services; or
• dispute-resolution procedures.

The revised Terms will state an updated effective date.

For material changes, we will provide notice where reasonably appropriate or legally required, such as through a prominent Website notice, email, or a renewed acceptance process.

Changes will not retroactively alter a dispute that arose before the effective date of the revised Terms.

A material change to the arbitration provision will not apply to a claim based on events occurring before the change unless the parties expressly agree otherwise.

Continued use after the effective date of properly noticed revised Terms constitutes acceptance to the extent permitted by law.

30. Accessibility

We seek to make the Website and legal notices reasonably accessible.

To report an accessibility issue or request these Terms in an alternative format, contact:

Telephone: (877) 837-6483
Email: info@877termite.com

We will make reasonable efforts to provide assistance or an alternative method of accessing relevant information.

31. California Consumer Notice

California residents may contact the California Department of Consumer Affairs concerning a complaint or for consumer information:

California Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, California 95834
Telephone: (800) 952-5210

This notice does not limit any right to contact another licensing, regulatory, law-enforcement, or consumer-protection agency.

32. No Waiver

Failure to enforce a provision of these Terms is not a waiver of that provision or the right to enforce it later.

A waiver is effective only if in writing and signed by an authorized Company representative.

33. Severability

Except as otherwise stated in the arbitration section, if a provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable or severed if modification is not possible.

The remaining provisions will remain in effect.

34. Assignment

You may not assign or transfer these Terms without our prior written consent.

We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, or transfer of the Website or relevant business operations.

An assignment will not eliminate nonwaivable consumer rights.

35. Force Majeure

We will not be responsible for Website delay, interruption, or failure caused by circumstances beyond our reasonable control, including:

• natural disasters;
• fire;
• flood;
• earthquake;
• epidemic;
• war;
• terrorism;
• civil unrest;
• labor disputes;
• government action;
• utility failure;
• telecommunications failure;
• cloud-provider outage;
• cyberattack;
• equipment failure; or
• Internet disruption.

This section does not excuse obligations that cannot lawfully be excused or obligations under a separate agreement except as that agreement provides.

36. Relationship of the Parties

Website use does not create a partnership, joint venture, employment relationship, fiduciary relationship, franchise, agency, or other special relationship between you and The Termite Guy.

No person is authorized to bind The Termite Guy except as expressly authorized in writing.

37. Headings and Interpretation

Section headings are for convenience only.

“Including” means “including without limitation.”

The singular includes the plural and vice versa where context permits.

These Terms will not be interpreted against a party solely because that party drafted them.

38. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement concerning use of the Website.

They supersede prior discussions or statements concerning Website use.

They do not supersede a separately signed agreement concerning inspections, treatment, fumigation, pest control, repairs, construction, roofing, warranties, financing, payments, or other services.

39. Contact Information

Questions concerning these Terms may be directed to:

IRC Services, Inc. d/b/a The Termite Guy
Attn: Legal Notice
1440 S. Grand Ave.
Santa Ana, California 92705

Telephone: (877) 837-6483
Email: info@877termite.com

Do not use ordinary email to transmit payment-card information, government identification numbers, account passwords, medical details, or other highly sensitive information.

‍