Terms and Conditions
Cal-Cam Termite and Pest Control, Inc.
271 Parish Rd
Lake Charles, LA. 70611
Effective Date: 4/16/2018
This web page represents a legal document and is the Terms and Conditions (Agreement) for
our website, www.calcampest.com (Website). By using our Website, you agree to fully comply
with and be bound by the following Agreement each time you use our Website.
The terms “us”, “we”, and “our” refer to Cal-Cam Termite and Pest Control, Inc.
the owner of this Website. A “Visitor” is someone who merely browses our Website. A
“Member” is someone who has registered with our Website and or registered to use our
Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services,
whether produced by our Members or by us, are collectively known as our “Content”. We
distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Cal-Cam Termite and Pest Control, Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between
you and Cal-Cam Termite and Pest Control, Inc. and supersedes all other Agreements,
representations, warranties, and understandings with respect to our Website, Services, and the
subject matter contained herein. However, for you to use our Website and/or Services, you
may also be required to agree to additional terms and conditions. Those additional terms and
conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this website. You
must review our Privacy Notice by clicking on this link
. If you do not accept and agree to be
bound by all the terms of this Agreement, including the www.calcampest.com Privacy Notice,
do not use this Website or our Services.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service,
excluding legal action taken by us to collect or recover damages for – or obtain any injunction
relating to – website operations, intellectual property, and our Service, will be settled solely by
binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis,
and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Lake Charles, Louisiana, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. You or we may seek any
interim or preliminary relief from a court of competent jurisdiction in Lake Charles, Louisiana
necessary to protect our or your rights or property pending the completion of arbitration. Each
party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Lake Charles, Louisiana,
and will be governed by and construed in accordance with the laws of the state of Louisiana
without regard to conflict of law provisions. In addition, you agree to submit to the personal
jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or
Service must be instituted within one (1) year after the cause of action arose or be forever
waived and barred.
Cal-Cam Termite and Pest Control, Inc. grants you a nonexclusive, nontransferable, revocable
license to access and use our Website and Services strictly in accordance with this Agreement.
Your use of our Website and Services is solely for internal, personal, noncommercial purposes
unless otherwise provided for in this Agreement. No printout or electronic version of any part
of our Website or Services may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances,
and regulations regarding your use of our Website, Content, Services, and any software
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-
employer or franchisor-franchisee relationship between you and Cal-Cam Termite and Pest
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or
other companies in the form of words, graphics, and logos. Your use of our Website or Services
does not constitute any right or license for you to use our service marks or trademarks without
the prior written permission of Cal-Cam Termite and Pest Control, Inc.
Our Content, as found within our Website and Services, is protected under United States and
foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is
strictly prohibited. Your use of our Website and Services does not grant you any ownership
rights to our Content.
Eligibility to Use Our Services
To use our Services, you must Users must be at least (18) years of age or older. Any registration
by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and
in violation of these Terms and Conditions. By using our Website and/or Services, you represent
and warrant that you are (18) years of age or older and agree to abide by all the terms and
conditions of this Agreement.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from
viruses or other harmful components, or that we will correct any errors. We do not represent
or otherwise warrant that the information available on or through our Website will be correct,
accurate, timely, or otherwise reliable. Cal-Cam Termite and Pest Control, Inc. reserves the right
at our sole discretion to change any content, software, and other items used or contained in
our Website or Services at any time without notice.
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and
Sponsors. Accordingly, Cal-Cam Termite and Pest Control, Inc. has no editorial control over such
content. Any opinions or other information or content expressed or made available by third
parties, including information providers, Users, or any other user of our Website, are those of
the respective author(s) and not of Cal-Cam Termite and Pest Control, Inc. Cal-Cam Termite and
Pest Control, Inc. does not guarantee the accuracy, completeness, merchantability, or fitness
for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-
party Merchants. These merchants are responsible for all aspects of order processing,
fulfillment, billing, and customer service. We are not a party to the transactions entered into
between you and Merchants. You agree that use of or purchase from such Merchants is AT
YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
Cal-Cam Termite and Pest Control, Inc. is not responsible or liable in any manner for any
Content posted on our Website or in connection with our Services, whether posted or caused
by Members of our Website, or by Cal-Cam Termite and Pest Control, Inc. Although we provide
rules for Member conduct and postings, we do not control and are not responsible for what
Members post, transmit, or share on our Website or Services, and are not responsible for any
offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may
encounter using our Website or Services. Cal-Cam Termite and Pest Control, Inc. is not
responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or
other reasons. Cal-Cam Termite and Pest Control, Inc. assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction, unauthorized access to, or alteration of Member
Cal-Cam Termite and Pest Control, Inc. is not responsible for any technical malfunction or other
problems of any telephone network or service, computer system, server or provider, computer
or mobile phone equipment, or software, or for any failure of email on account of technical
problems or traffic congestion on the Internet, or for any combination thereof – including injury
or damage to Members’ or any other person’s computer, mobile phone, or other hardware or
software – related to or resulting from the use or downloading of materials in connection with
our Website or Services, including, without limitation, any software provided through our
Website or Services.
Under no circumstances will Cal-Cam Termite and Pest Control, Inc. be responsible for any loss
or damage, including any loss or damage, personal injury, or death resulting from anyone’s use
of our Website or Services, or any interactions between Users of our Website or Services,
whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship,
recommendation, or any affiliation with our Website by third parties or by any of the
equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE
PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED
WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Cal-Cam Termite and Pest Control, Inc. INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY
WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Cal-Cam Termite and Pest
Control, Inc. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE.
Cal-Cam Termite and Pest Control, Inc. DOES NOT REPRESENT OR WARRANT THAT OUR
CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Cal-Cam Termite and Pest Control, Inc.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL Cal-Cam Termite and Pest Control, Inc. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF Cal-Cam Termite and Pest Control, Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Cal-Cam Termite and Pest Control, Inc.’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Use of Information
You grant Cal-Cam Termite and Pest Control, Inc. a license to use the information and materials
you post to our Website. By posting, displaying, transmitting, performing, or otherwise
distributing information or other content (“Member Content”) to our Website, you are granting
Cal-Cam Termite and Pest Control, Inc., its officers, directors, employees, agents, consultants,
representatives, and affiliates, a license to use the Member Content in connection with the
operation of the business of Cal-Cam Termite and Pest Control, Inc., its directors, employees,
officers, affiliates, representatives, consultants, and agents, including, without limitation, a right
to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member
Content. You understand and agree that you will not be compensated for any Member Content.
By posting Member Content on our Website or Service, you warrant and represent that you
own the rights to the Member Content or are authorized to post, display, distribute, perform,
or transmit Member Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to
take any action we deem appropriate, including, but not limited to, reporting any suspected
unlawful activity to law enforcement officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or entities relating to your profile,
email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any
portion of our Website by framing or otherwise, (b) your website does not engage in illegal or
pornographic activities, and (c) you cease providing links to our Website immediately upon our
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for
any website on our Website does not mean that we endorse, guarantee, warrant, or
recommend the services, information, content, and/or data of such third-party websites.
Cal-Cam Termite and Pest Control, Inc. has no control over the legal documents and privacy
practices of third-party websites; you access any third-party websites at your own risk. We
recommend that you review the privacy notice and terms and conditions of those websites to
fully understand what information is collected and how it is used.
You represent and warrant that if you are purchasing something from us, (i) any payment
information you supply is true and complete, (ii) charges incurred by you will be honored by
your bank or credit card company, (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you
will still pay the incurred charges, including any surcharge we may incur due to the dishonored
Refund and Return Policy
We have no refund policy.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors,
employees, subcontractors, successors, assigns, third-party suppliers of information and
documents, attorneys, advertisers, product and service providers, and affiliates free from any
liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation
of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be
construed consistent with applicable law and the remaining portions will remain in full force
and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this
Agreement will take precedence. Our failure to enforce any provision of this Agreement will not
be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights
under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance
notice of the changes by email or in writing. We will also post these changes on our website.
These changes will become effective 30 days after receipt of the notice. To avoid doubt, no
unilateral amendment will retroactively change agreed dispute-resolution provisions of these
Terms and Conditions, if any, including, for example, arbitration provisions for then-pending
disputes unless the parties expressly agree otherwise. Your continued use of our Website,
Services, and Products after any change to these Terms and Conditions and our notifying you
will constitute your acceptance of such change. If you do not agree with the changes to these
Terms and Conditions, you can choose to discontinue the use of our Website, Services, and
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