NOTICE OF RIGHT TO CANCEL
While Platinum Deer Protection, LLC allows you to cancel future services at any time by written or oral notification, state and federal law requires in certain types of transactions resulting from direct solicitations (including, but not limited to direct mailer and door hanger advertisements), of which this transaction may or may not be applicable, that we further notify you of your statutory right to cancel this transaction within three business days, as described in more detail below. Since our agreement to provide deer repellant application services does not involve the sale of goods, but rather the sale of a service, some of the language of the statutory notice contained below may be inapplicable.
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (OR TIME PERIOD REFLECTING THE SUPPLIER’S CANCELLATION POLICY BUT NOT LESS THAN THREE BUSINESS DAYS) AFTER THE DATE OF THIS TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER.
However, pursuant to Utah Code § 70C-5-102(5), no cancellation under the statutory cancellation right will be honored after Platinum Deer Protection, LLC has begun performance of the services provided to you. To cancel this transaction, deliver a signed and dated cancellation notice by mail to Platinum Deer Protection, LLC, Notice of Cancellation, P.O. Box 480, Pleasant Grove, Utah 84062, or by email to deer@platinumlandscape.com. Please print a copy of these terms and conditions for your records.
DEER PROTECTION SERVICE AGREEMENT
By clicking “Accept” below, Platinum Deer Protection, LLC (the “Company” or “we”) hereby agrees to provide, and you agree to pay for, deer repellant application services (the “Service”), subject to the following terms and conditions (this “Agreement”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.
1. Service.
1.1. Initial Service. The Company will provide the Service in the manner and for the property set forth on the quote provided to you, either in person or through our website (the “Quote”), which Quote is incorporated herein as part of this Agreement. Except as otherwise set forth herein, if there is any conflict between the Quote and this Agreement, the Quote shall control. The Company will provide the initial Service on or around the date indicated on the Quote, with all performances of the Service subject to delays arising out of the weather, acts by you or third parties, and any other factor beyond the Company’s control.
1.2. Continuous Service. To optimize the effectiveness of the Service, it is important to apply the right products at the right time. For this reason, the Service continues from year to year without any action on your part. At or around the end of the season, we may remind you that the Service will resume in the coming year, and we may also give you the opportunity to save money by prepaying for the next year’s Service. However, even if you do not choose to prepay, the Service will resume unless you contact us and cancel the Service at least twenty-four (24) hours prior to the next Service date.
1.3. Modification. Requested changes to the Service or this Agreement are not binding on the Company unless made in writing and signed by the Company. However, if you cause the Company to change the Service or perform any additional work (or to cause a subcontractor, employee, or other third party to perform such additional work), you shall be financially responsible for the cost of such change or additional work, whether or not such changes are put in writing.
2. Payment.
2.1. Contract Price. As consideration for the performance of the Service by the Company, you shall pay the Company the cost of the Service (the “Contract Price”), in accordance with the payment option you selected when you agreed to the terms and conditions of this Agreement. If any credit or debit card charge is declined for any reason, you agree to pay the charged amount in full within five (5) days after receiving notice of the charge being declined and to provide us with corrected or replacement information for a valid credit or debit cart. If you do not pay in full within such five (5)-day period, (a) the Company will charge a late fee equal to 5% of the unpaid balance, and (b) interest will accrue on the unpaid balance, including the late fee, at a rate of 18% per annum.
2.2. Adjustments. Your initial Contract Price is set forth in the Quote. Current-year discounts may not apply in subsequent years. We reserve the right to modify the Contract Price upon written notice to you, with such modification being final unless you provide written notice of any objection within ten (10) days thereafter.
2.3. Charge Authorization. You hereby authorize the Company to initiate charges to your specified credit or debit card for payment for the Service and for any other amounts payable by you to us under this Agreement. You acknowledge that the amount charged may increase subsequent to entering into this Agreement. This authorization will remain in effect until you notify the Company in writing to cancel this Agreement and the Service and afford us a reasonable opportunity to act upon such notification.
3. Limitation of Liability. The Company’s obligation hereunder is conditioned upon payment in full of all Service charges, and failure to pay such charges shall cancel the Service and discharge the Company of any liability. IN NO EVENT SHALL THE COMPANY’S LIABILITY RELATED TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOU GIVING US WRITTEN NOTICE OF YOUR CLAIM. NEITHER THE COMPANY NOR ITS AFFILIATES SHALL IN ANY EVENT BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE SERVICE OR THE END RESULT THEREOF, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF PROFITS, PERSONAL ENJOYMENT, OR OTHER PECUNIARY LOSS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES CAUSED BY THIRD PARTIES, “ACTS OF GOD,” ADVERSE WEATHER CONDITIONS, OR UNAVAILABILITY OF MATERIALS.
4. Limited Warranty. The Company guarantees the Product and your Satisfaction. Pursuant to this limited warranty, and subject to the limitation of liability set forth above, upon notice to the Company of any evidence of deer damage, the Company will reapply the Service, as we deem appropriate, at no or reduced cost to you. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION, THE CONTRACTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDING AN ADDITIONAL APPLICATION OF THE SERVICE TO THE SAME AREAS OF THE PROPERTY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECT IN THE SERVICE. This warranty is non-transferrable and will be void if (a) you fail to comply with any material term of this Agreement, including without limitation payment of the Contract Price in full; or (b) you or any third party or force of nature outside of the Company’s control damages or intentionally or knowingly counteracts the effects of the Service.
5. Mandatory Arbitration; Class Action Waiver.
5.1. Procedure. Provided that a dispute cannot be resolved by the parties hereto within thirty (30) days, any and all disputes or controversies arising out of, relating to, or resulting from this Agreement shall be settled by binding arbitration to be held before a neutral arbitrator in Salt Lake City, Utah, applying the American Arbitration Association rules then in effect or such other rules as the parties may agree to (the “Rules”) and Utah law, without regard to conflict of laws rules. Persons eligible to serve as arbitrators must have professional credentials demonstrating the ability to handle a matter of the scope and complexity of the dispute, as determine by agreement of the parties.
5.2. Class Action Waiver. Any dispute must be brought in the parties’ individual capacities, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever or to make an award to any person or entity not a party to the arbitration.
5.3. Awards; Attorneys’ Fees. No party will be entitled to receive money damages in excess of its actual compensatory damages. The prevailing party in any such action will be entitled to recover all costs, including reasonable attorneys’ fees, incurred in enforcing the terms of this Agreement or other agreement including these terms. Any award must be in writing and include the findings of fact and conclusions of law upon which it is based.
5.4. Confidentiality; Disclaimer. The parties and the arbitrator shall keep confidential any information or documents obtained in connection with arbitration, including the resolution of the dispute. Except as provided by the Rules, arbitration will be the sole, exclusive and final remedy for any dispute between the parties hereto. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS RELATING TO THIS AGREEMENT DECIDED INDIVIDUALLY, THROUGH BINDING ARBITRATION.
6. Contact Information. If you have provided the Company with your cell phone number, you agree that the Company may contact you on that number to discuss your account or other possible future services. You may revoke this permission at any time.
7. Miscellaneous.
7.1. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of State of Utah, without regard to the principles of conflicts of laws. By executing this Agreement, the parties hereto agree to submit to the exclusive jurisdiction of and agree to the venue of the courts of the State of Utah, whether state courts or federal courts located in the State of Utah.
7.2. Entire Agreement; Amendment. This Agreement (including the Quote and other documents referred to herein) contains the entire understanding between you and the Company with respect to the subject matter hereof and supersedes any prior understandings, agreements or representations, written or oral, relating to the subject matter hereof.
7.3. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns.
7.4. Assignment. You may not assign this Agreement, or any rights and obligations hereof, in whole or in part, without the prior written consent of the Company.
7.5. Notices. All notices, consents, requests, instructions, approvals or other communications provided for herein shall be in writing and delivered by personal delivery, overnight courier, mail, electronic facsimile or email addressed to the parties at the following respective addresses, which addresses may be changed by the applicable party by written notice the other party: (a) if to you, the mailing address or email address you provided in connection with obtaining the Quote; or (b) if to the Company, by mail to Platinum Deer Protection, LLC, P.O. Box 480, Pleasant Grove, Utah 84062, or by email to deer@platinumlandscape.com.
7.6. Force Majeure. Except for the payment to the Company, if the performance of any part of this Agreement is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of such party and without its fault or negligence, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
7.7. Severability. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions hereof shall remain in full force and effect.
