Terms and Conditions:
We stand by our services and our commitment to do it right. We will perform our services in a professional, workmanlike manner, consistent with industry standards. If we provide services that do not conform to this warranty, please contact your local Mosquito Joe franchise within 14 days and we will schedule a time to reassess your property and, if needed, provide a booster service at no additional charge. If the services performed are not done to reasonable industry standards after your booster application, let us know and we will be happy to refund your purchase price for that treatment.
Services performed by independently owned and operated franchises. Time limit for claims applies. Full details here.
This guarantee shall only apply if:
- You pay Mosquito Joe in full at the time of job completion or as otherwise arranged.
- You retain the original agreement for services rendered.
The Satisfaction Guarantee will not apply if anyone other than an authorized Mosquito Joe service professional services your property after Mosquito Joe provides the services in question. Satisfaction Guarantee applies solely to Barrier Treatments. All misting systems are specifically excluded from the Satisfaction Guarantee.
DISCLAIMER OF CERTAIN WARRANTIES
Because we are a services company and do not manufacture products, we only warrant our services with our “Satisfaction Guarantee.” Except as otherwise provided or where prohibited by law, we provide no further warranty as to our services, and all third-party manufactured materials or goods provided or installed by us in connection with our services are provided without warranties by us of any kind, either express or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, or non-infringement of third-party rights. To the maximum extent permitted by applicable law, we make no representations and expressly disclaim the above warranties including any as to the reliability, quality, or performance of any third-party manufactured materials or goods used or installed in connection with our services.
LIMITATION OF LIABILITY
OUR LIABILITY IS LIMITED SO WE CAN PROVIDE PROFESSIONAL SERVICES AT A REASONABLE PRICE. EXCEPT AS OTHERWISE PROVIDED OR WHERE PROHIBITED BY LAW, IN NO EVENT UNDER ANY THEORY OF LIABILITY SHALL MOSQUITO JOE OR MOSQUITO JOE’S PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OFFICERS, DIRECTORS, CURRENT AND FORMER EMPLOYEES, ATTORNEYS, OWNERS, INVESTORS, SHAREHOLDERS, ADMINISTRATORS, BUSINESS UNITS OR AGENTS OR ITS AGENTS BE LIABLE FOR ANY LOSS OR CLAIM ARISING FROM INJURY TO PERSON OR PROPERTY, PRODUCT DEFECT OR FAILURE, ACTS OR OMISSIONS BY YOU OR A THIRD PARTY, LOSS OF USE, PROFITS, OR OPPORTUNITY, AND/OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER MOSQUITO JOE HAD NOTICE OF THE POSSIBILITY OF SUCH LOSS, CLAIM OR DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE ABOVE LIMITATION OF LIABILITY, IT MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THE ABOVE LIMITATION OF LIABILITY DOES NOT PRECLUDE LIABILITY OR IS FOUND UNENFORCEABLE, YOU AGREE YOUR EXCLUSIVE AND SOLE REMEDY FROM MOSQUITO JOE OR ITS AGENTS IS LIMITED TO THE MONETARY AMOUNT PREVIOUSLY PAID BY YOU TO MOSQUITO JOE.
MANDATORY ARBITRATION
WE DON’T EXPECT YOU’LL EVER HAVE A DISPUTE WITH US. IF YOU DO, WE ASK THAT YOU PLEASE CONTACT US SO WE CAN TRY TO RESOLVE IT. IF WE CANNOT, WE WANT TO MAKE SURE THE DISPUTE IS EFFICIENTLY AND FAIRLY DECIDED BY A NEUTRAL ARBITRATOR. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE ANY CLAIM AGAINST MOSQUITO JOE OR ITS AGENTS MUST BE RESOLVED THROUGH CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), PURSUANT TO ITS CONSUMER ARBITRATION RULES AVAILABLE AT WWW.ADR.ORG, AND GOVERNED BY THE FEDERAL ARBITRATION ACT. YOU AGREE THAT YOU ARE WAIVING RIGHTS YOU WOULD HAVE IF YOU WENT TO COURT, THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
YOU AGREE TO BRING ANY CLAIM WITHIN ONE YEAR OF EXECUTION OF THIS CONTRACT BY SUBMITTING A WRITTEN DEMAND FOR ARBITRATION WITH THE AAA AND PROMPTLY PROVIDING A COPY TO MOSQUITO JOE BY MAIL TO 1010 N. UNIVERSITY PARKS DRIVE, WACO, TX 76707. IF THE AMOUNT IN CONTROVERSY IS $500 OR LESS, THE PARTIES WILL CONDUCT ANY HEARING BY TELEPHONE OR VIDEOCONFERENCE; OTHERWISE, THE PARTIES WILL CONDUCT ANY HEARING IN PERSON AT THE CAPITAL OF YOUR STATE OF RESIDENCE OR OTHER MUTUALLY AGREED UPON LOCATION. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES.
