1. Acceptance of These Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and LeadsMotiv, a subsidiary of Motiv Brands, Inc., operating the PestMotiv brand as a DBA (“PestMotiv,” “LeadsMotiv,” “Motiv Brands,” “we,” “us,” or “our”).

These Terms govern your access to and use of the PestMotiv website, landing pages, online forms, telephone systems, text messaging systems, email communications, advertisements, referral services, lead-generation services, and other websites, technologies, or services that link to these Terms collectively, the “Services.”

By accessing or using the Services, submitting an online form, requesting information, requesting pest-control assistance, clicking a button that indicates acceptance, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access, submit information through, or use the Services.

Key Terms at a Glance

This summary highlights several important provisions for convenience. It does not replace or modify the complete Terms below.

2. PestMotiv’s Role

PestMotiv is a marketing, lead-generation, customer-acquisition, referral, and service-request platform operated as a DBA of LeadsMotiv. LeadsMotiv is a subsidiary of Motiv Brands, Inc.

PestMotiv may help consumers request information, locate participating pest-control providers, obtain quotes, arrange communications, or seek pest-control services. Unless expressly stated otherwise in writing, PestMotiv does not itself inspect properties, diagnose pest conditions, provide extermination services, apply pesticides, issue warranties for pest-control work, or employ the independent companies that may contact you.

Pest-control work may be performed by independent companies, contractors, licensees, franchisees, affiliates, referral partners, or other third-party service providers (“Participating Providers”).

PestMotiv does not guarantee that a Participating Provider will be available, contact you, accept your request, provide a quote, schedule an appointment, or perform any service.

3. Eligibility and Authority

You may use the Services only if you are at least 18 years old and legally capable of entering into a binding agreement.

By using the Services, you represent and warrant that:

• You are at least 18 years of age.
• You possess the legal capacity and authority necessary to agree to these Terms.
• The information you provide is accurate, complete, current, and not misleading.
• You are authorized to request services for the property, address, telephone number, or account information you submit.
• Your use of the Services will comply with applicable laws, regulations, ordinances, and contractual obligations.

If you use the Services on behalf of a company, organization, property owner, tenant, customer, or other person, you represent that you have authority to bind that party to these Terms.

4. Permitted Use and Prohibited Conduct

PestMotiv grants you a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Services for lawful purposes and in accordance with these Terms.

You may not:

• Use the Services for any unlawful, fraudulent, deceptive, abusive, harassing, threatening, or malicious purpose.
• Submit false, fabricated, misleading, incomplete, or unauthorized information.
• Submit another person’s telephone number, email address, property address, or personal information without lawful authority.
• Impersonate another person or misrepresent your identity, affiliation, authority, or intent.
• Use bots, scrapers, crawlers, scripts, automation, artificial traffic, fraudulent leads, or other automated means to access, copy, submit, interfere with, or manipulate the Services.
• Attempt to bypass rate limits, security measures, access controls, anti-fraud protections, or consent-verification technologies.
• Introduce viruses, malicious code, spyware, ransomware, corrupted data, or other harmful material.
• Probe, scan, test, reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying technology of the Services.
• Copy, reproduce, republish, sell, license, distribute, modify, create derivative works from, or commercially exploit the Services or their content without written authorization.
• Use PestMotiv names, trademarks, branding, content, forms, layouts, or technology in a manner likely to cause confusion.
• Interfere with the operation, availability, integrity, or security of the Services or another user’s use of them.
• Use information obtained through the Services to send spam, unlawful marketing, or unauthorized communications.

We may investigate suspected violations and may suspend, restrict, or terminate access without prior notice where reasonably necessary to protect the Services, consumers, Participating Providers, or Motiv Brands, Inc.

5. Service Requests and Information You Submit

When you submit a service request, you authorize PestMotiv to process the information you provide for purposes described in these Terms and the Privacy Policy.

This may include:

• Reviewing and processing your inquiry.
• Determining whether your location or request may be serviced.
• Matching or routing your request to one or more Participating Providers.
• Transmitting your contact and service-request information to a Participating Provider.
• Contacting you to clarify your request, confirm information, facilitate scheduling, or provide follow-up assistance.
• Documenting consent, attribution, communications, complaints, opt-outs, and service outcomes.
• Detecting fraud, spam, duplicate requests, unauthorized submissions, and misuse.

Submission of a request does not create a pest-control service contract, guarantee a quote, guarantee provider availability, or obligate PestMotiv or any Participating Provider to perform services.

Any final service arrangement is subject to the Participating Provider’s own inspection, pricing, availability, agreement, policies, licensing requirements, and service terms.

6. Participating Providers

Participating Providers are separate legal entities and are not employees, agents, joint venturers, or representatives of Motiv Brands, Inc. merely because they receive a referral or service request through PestMotiv.

PestMotiv may use commercially reasonable processes to evaluate Participating Providers, but does not warrant or guarantee:

• The provider’s licensing status.
• The provider’s insurance coverage.
• The provider’s qualifications or experience.
• The provider’s background or reputation.
• The provider’s pricing or availability.
• The accuracy of statements made by the provider.
• The quality, safety, legality, or effectiveness of work.
• The provider’s compliance with laws or industry standards.
• The provider’s ability to eliminate or control pests.

You are solely responsible for reviewing the Participating Provider’s credentials, licenses, insurance, estimate, contract, warranty, chemical disclosures, safety instructions, payment terms, cancellation terms, and service plan before authorizing work.

Disputes concerning pricing, property damage, service quality, warranties, chemicals, scheduling, refunds, recurring plans, or work performed by a Participating Provider must generally be addressed directly with that provider.

7. Telephone, Text Message, and Email Communications

By providing contact information, you represent that the information belongs to you or that you are authorized to provide it and receive communications through it.

You authorize PestMotiv to send communications reasonably related to your inquiry, including confirmations, responses, appointment information, customer-support messages, security notices, and other transactional communications.

Where you separately provide affirmative marketing consent, LeadsMotiv, operating the PestMotiv DBA, and the companies identified in the applicable consent disclosure may contact you through telephone calls or text messages as described in that disclosure.

Such communications may use automated technology, an automatic telephone dialing system, or an artificial or prerecorded voice where disclosed and permitted by applicable law.

Consent to receive marketing communications is not a condition of purchasing goods or services. Message and data rates may apply. Message frequency may vary.

Text-message opt-out

You may revoke consent to marketing text messages by replying STOP. You may receive one final confirmation message.

Telephone opt-out

You may request that marketing calls stop by informing the caller or contacting PestMotiv using the information provided below.

Email opt-out

You may unsubscribe from marketing emails by using the unsubscribe instructions contained in the applicable message.

Opting out of marketing communications does not prevent communications reasonably necessary to complete or respond to an active request, administer a transaction, address security, document an opt-out, or comply with law.

8. User Content and Feedback

The Services may allow you to submit photographs, descriptions, reviews, messages, recordings, documents, comments, feedback, or other material collectively, “User Content.”

You retain ownership of User Content you lawfully own. By submitting User Content, you grant Motiv Brands, Inc. a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, transmit, display, adapt, and use that content as reasonably necessary to:

• Operate and provide the Services.
• Process and route your service request.
• Communicate with Participating Providers.
• Prevent fraud and protect security.
• Resolve complaints or disputes.
• Comply with legal obligations.
• Improve our services and operations.

You represent and warrant that your User Content:

• Is accurate to the best of your knowledge.
• Does not violate another person’s rights.
• Does not contain unlawful or malicious material.
• May lawfully be used and disclosed for the purposes described in these Terms.

Feedback, ideas, suggestions, or recommendations voluntarily provided to PestMotiv may be used without restriction or compensation, provided we do not publicly identify you without permission except as permitted by law.

9. Intellectual Property Rights

The Services and their content, branding, design, layouts, graphics, text, forms, software, scripts, logos, icons, videos, databases, compilations, processes, and other materials are owned by or licensed to Motiv Brands, Inc. and are protected by intellectual-property and other laws.

“PestMotiv,” associated logos, slogans, trade dress, and related branding are trademarks or service marks of Motiv Brands, Inc. or its licensors.

Except for the limited right to use the Services in accordance with these Terms, no ownership right, license, assignment, or other interest is granted to you.

You may not use PestMotiv’s intellectual property without prior written authorization, including in:

• Domain names.
• Business names.
• Advertisements.
• Metadata or keyword advertising.
• Social-media accounts.
• Copied or derivative websites.
• Lead-generation forms.
• Materials suggesting affiliation or endorsement.

10. Third-Party Websites and Services

The Services may contain links to, integrations with, or content supplied by Participating Providers, advertising platforms, map providers, communications providers, analytics providers, payment processors, consent-verification services, social networks, or other third parties.

Third-party services are governed by their own terms, privacy policies, warranties, and business practices.

PestMotiv does not control and is not responsible for:

• Third-party website availability or security.
• Third-party content or representations.
• Third-party privacy or data-use practices.
• Third-party products, services, pricing, or contracts.
• Transactions between you and a third party.

A link, integration, referral, advertisement, or transfer of information does not necessarily constitute endorsement, sponsorship, agency, partnership, or warranty.

11. Disclaimers of Warranties

To the maximum extent permitted by applicable law, the Services are provided on an “as is,” “as available,” and “with all faults” basis.

Motiv Brands, Inc. disclaims all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, PestMotiv does not warrant that:

• The Services will be uninterrupted or error-free.
• Defects will be corrected.
• The Services will be free from harmful components.
• Information provided through the Services is complete.
• A Participating Provider will respond to your request.
• A quote, appointment, or service will be available.
• Any provider will meet your expectations.
• Pest-control work will be successful or permanent.
• Pests will not return after treatment.
• Any provider’s chemicals, methods, warranties, or services will be suitable for your property.

Pest conditions may involve health, structural, environmental, agricultural, animal, or property risks. Content provided through the Services is general information and is not a substitute for a qualified inspection, emergency assistance, medical advice, veterinary advice, structural advice, legal advice, or advice from a licensed pest-control professional.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Motiv Brands, Inc. and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, licensors, successors, and assigns will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages.

This limitation includes, without limitation, loss of profits, revenue, business opportunities, goodwill, data, use, property, anticipated savings, or other intangible losses arising from or relating to:

• Your access to or use of the Services.
• Your inability to access or use the Services.
• Your reliance on information provided through the Services.
• A service request or referral.
• A Participating Provider’s acts or omissions.
• Property damage or bodily injury caused by a provider.
• Pest activity, infestation, treatment, or recurrence.
• Unauthorized access to information.
• Third-party websites, products, or services.
• Errors, delays, interruptions, or system failures.

To the maximum extent permitted by applicable law, the total aggregate liability of Motiv Brands, Inc. for all claims arising out of or relating to the Services or these Terms will not exceed the greater of: (a) the amount you paid directly to Motiv Brands, Inc. for use of the Services during the six months preceding the event giving rise to the claim; or (b) one hundred United States dollars.

Payments made directly to a Participating Provider are not amounts paid to Motiv Brands, Inc. for purposes of calculating this limitation.

Some jurisdictions do not allow exclusion of certain warranties or limitation of certain damages. In such jurisdictions, these limitations apply only to the maximum extent permitted by law.

13. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Motiv Brands, Inc. and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, licensors, successors, and assigns from claims, liabilities, damages, losses, judgments, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

• Your use or misuse of the Services.
• Your violation of these Terms.
• Your violation of applicable law.
• Your submission of false or unauthorized information.
• Your User Content.
• Your violation of another person’s rights.
• A dispute between you and a Participating Provider resulting from your conduct, representations, or breach.

We reserve the right to assume control of the defense of a matter otherwise subject to indemnification. You agree to cooperate reasonably with that defense and may not settle a claim imposing liability or obligations on an indemnified party without written approval.

14. Governing Law, Disputes, and Arbitration

Informal dispute resolution

Before initiating arbitration or litigation, the complaining party must provide the other party with a written notice describing:

• The party’s name and contact information.
• The nature and factual basis of the dispute.
• The requested relief.
• Relevant documents or identifying information.

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice. Any applicable limitations period will be tolled during this informal process to the extent permitted by law.

Agreement to individual arbitration

Except for disputes that qualify for small-claims court and claims seeking temporary or preliminary injunctive relief to prevent unauthorized use of intellectual property or unlawful interference with the Services, you and Motiv Brands, Inc. agree that disputes arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration.

Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the nature of the dispute, as modified by these Terms.

The arbitrator will have exclusive authority to resolve issues concerning the interpretation, applicability, enforceability, or formation of this arbitration provision, except that a court of competent jurisdiction will decide disputes concerning the class-action waiver below.

The arbitration may be conducted through written submissions, telephone, video conference, or an in-person hearing as permitted by the applicable rules and determined by the arbitrator.

Class-action and jury-trial waiver

You and Motiv Brands, Inc. agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in a purported class, collective, coordinated, consolidated, mass, or representative proceeding.

To the extent permitted by applicable law, you and Motiv Brands, Inc. knowingly and voluntarily waive any right to a trial by jury.

Small-claims matters

Either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains solely in that court.

Arbitration opt-out

You may opt out of the arbitration agreement by sending a written opt-out notice within 30 days after first accepting these Terms.

The notice must include your full name, mailing address, telephone number, email address, and a clear statement that you are opting out of the arbitration provision in the PestMotiv Terms of Service.

The opt-out notice must be sent to:

[email protected]

Opting out of arbitration will not affect other provisions of these Terms.

Governing law and judicial venue

These Terms and any dispute not subject to arbitration will be governed by the laws of the state in which Motiv Brands, Inc. maintains its principal place of business, without regard to conflict-of-law principles, except to the extent federal law applies.

Any permitted judicial proceeding must be brought in a state or federal court with jurisdiction over the county in which Motiv Brands, Inc. maintains its principal place of business, unless applicable consumer law requires a different location.

Nothing in this section limits a right or remedy that cannot lawfully be waived under applicable law.

15. Suspension and Termination

You may stop using the Services at any time.

PestMotiv may suspend, limit, block, or terminate your access, submission privileges, or communications with the Services where we reasonably believe:

• You violated these Terms.
• You submitted fraudulent or unauthorized information.
• Your activity creates legal, operational, or security risk.
• Your conduct harms consumers or Participating Providers.
• Suspension is necessary to comply with law.
• The Services or a portion of them are being discontinued.

Provisions that by their nature should survive termination will survive, including provisions concerning ownership, intellectual property, disclaimers, liability limitations, indemnification, dispute resolution, and general contractual terms.

16. Changes to the Services or These Terms

Motiv Brands, Inc. may modify, suspend, discontinue, replace, or restrict any portion of the Services at any time, subject to applicable law.

We may update these Terms to reflect changes in:

• Applicable laws or regulations.
• Our business model or services.
• Technology or security practices.
• Participating-provider relationships.
• Communications or advertising practices.
• Dispute-resolution procedures.

Updated Terms will be posted with a revised “Last Updated” date. Where required by law, we will provide additional notice or obtain additional consent.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

17. General Contractual Provisions

Entire agreement

These Terms, together with the Privacy Policy and any additional terms expressly presented for a particular service, constitute the entire agreement between you and Motiv Brands, Inc. concerning the Services.

Order of precedence

If additional written terms expressly apply to a particular PestMotiv service and conflict with these Terms, the additional terms will control solely for that service.

Severability

If any provision is found 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.

No waiver

Failure to enforce a provision does not waive the right to enforce it later. A waiver is effective only if in writing and signed by an authorized representative of Motiv Brands, Inc.

Assignment

You may not assign or transfer these Terms without prior written permission. Motiv Brands, Inc. may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, transfer of the PestMotiv business, or by operation of law.

No third-party beneficiaries

Except for parties expressly entitled to indemnification or liability protections under these Terms, these Terms do not create third-party beneficiary rights.

Force majeure

Motiv Brands, Inc. will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, utility failures, telecommunications failures, labor disputes, cyberattacks, governmental actions, epidemics, civil unrest, or failures of third-party infrastructure.

Electronic communications

You agree that notices, disclosures, agreements, and records may be provided electronically, including through the website, email, text message, or another electronic method, subject to applicable law.

You are responsible for maintaining accurate contact information and access to the devices and accounts used to receive electronic communications.

Headings

Section headings are provided for convenience and do not affect interpretation.

Relationship of the parties

These Terms do not create an employment, agency, partnership, franchise, fiduciary, or joint-venture relationship between you and Motiv Brands, Inc.