Notice of Amendments to EcoGen Pest Control customer agreements:
This page displays policy updates which notify customers of important changes to the EcoGen Pest Control (“EcoGen”) service programs and affiliated agreements with all services provided by EcoGen.
We’re making changes to the agreements that govern your relationship with EcoGen. These changes will take place automatically on the corresponding effective date(s) shown below.
Please carefully review the notices below and familiarize yourself with the upcoming changes. Otherwise, no further action is needed from you. If you would prefer to decline such changes you will need to close your account with EcoGen prior to the applicable date.
Amendments to the Terms and Conditions
Effective March 15, 2021
We are adding additional health and safety measure in order to ensure the health and safety of customer and EcoGen employees. We are revising the listed exclusions to EcoGen’s terms and conditions to clarify which pests are eligible for protection and which pests are not eligible for protection under the EcoGen Year-Round Service Program. We are revising the terms and conditions regarding dispute resolution processes you and EcoGen.
Health and Safety. To assure the health and safety of the Customer and of EcoGen employees and affiliates, the Customer and EcoGen employees agree to following health and safety precautions, 1) wear masks and/or face coverings inside of structures while the EcoGen employee and/or Service Professional is physically situated inside the structure, 2) remain at least six (6) feet apart during the service with the exception of briefly exchanging a signature and/or document between the Customer and EcoGen, 3) minimize the number of individuals inside the home or structure while the EcoGen Service Professional is inside the home or structure, and 4) notify EcoGen of the existence of any individuals living or staying within the household that have tested positive for COVID-19 during the 14 days prior to the service.
Excluded Coverage. This agreement neither guarantees against present or future insect damage to buildings or contents nor provides for repair or compensation. The Agreement does not cover Drywood Subterranean Termites, Carpenter Ants, or any other organism that is considered to be wood destroying.
Class, Collective and Representative Action Waiver. All claims between you and EcoGen must be brought in the customer’s individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding. The customer expressly waives any right with respect to any covered claims to submit, initiate, or participate in a representative capacity as a plaintiff, claimant or member in a class action, collective action, or other representative or joint action, regardless of whether the action is filed in arbitration or in court. Claims may not be joined or consolidated in arbitration with disputes brought by other individual(s), unless agreed to in writing by all Parties. Furthermore, if a court orders that a class, collective, or other representative or joint action should proceed, such action may only proceed in court, and in no event will such action proceed in the arbitration. A party may lawfully seek enforcement of this provision and seek dismissal of class, collective or representative actions or claims.
Product and Service Disclaimer. No claims, representations or warranties, whether express or implied, are made by EcoGen as to the safety, reliability, durability and performance of any of products or services including pest and weed control services. Furthermore, EcoGen accepts no liability for the safety, reliability, durability and performance of any products or services.
Arbitration. Both the Customer and EcoGen agree that any controversy or claim between them arising out of or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with Commercial Arbitration Rules then in force of the American Arbitration Association; provided, however, that the arbitrator shall grant the parties the right to conduct discovery in accordance with the State Rules of Civil Procedure and submit evidence with the privilege of cross-examination on the question at issue. The arbitrator shall deliver a written determination within ten (10) days following the arbitration hearing. The decision of the arbitrator shall be a final and binding resolution of the disagreement which may be entered as a judgment of the arbitrator’s decision; neither party shall sue the other where the basis of the suit is this agreement, or any claims related to, arising from or related to the Customer’s relationship with EcoGen or in EcoGen’s service provided to the Customer. In no event shall either party be liable to the other for indirect, special or consequential damages or loss of anticipated profits.
Terms and Conditions
Issued: February 15, 2015
IF within 24 hours following application you experience symptoms similar to commons seasonal illness comparable to the flu, contact your physician or poison control center (1-800-876-4766) and your pest control company immediately.
For further information, contact any of the following: EcoGen Pest Control (702) 445-6444. For health questions-the Clark County Health District (702) 759-1340.