TURNER PEST CONTROL TERMS AND CONDITIONS

This Turner Services Agreement (“Services Agreement”) is incorporated by reference into the Turner Pest Control, LLC Order Form between Customer and Turner (the “Order Form”). Capitalized terms used in this Services Agreement without definition shall have the meanings given to them elsewhere in the Agreement. References to the “Agreement” mean the Order Form (including all other appendices and schedules attached thereto), together with this Services Agreement (including all other appendices attached hereto and other terms and conditions incorporated herein by reference).

Contract Period. The Agreement begins on the earlier of (a) the date of Customer’s signature on the Order Form or (b) the initial treatment date for the Services (as defined in Section 3) as set forth on the Order Form (“Initial Treatment Date”) (the “Effective Date”) and, unless a contract expiration date is expressly identified on the front page of the Order Form, continues for a period of 1- year (the “Initial Term”). If the Order Form is for Services related to termites and/or Armadillos, Snakes, Nutria, Cane Toads, Pocket Gophers, Muscovy Ducks, Skunks and Iguanas (individual and collectively, “Wildlife”), at the end of the Initial Term and any applicable Annual Renewal, the Agreement shall renew annually for consecutive 1-year terms upon request by Customer and written approval by one of Turner’s authorized representatives (including any of Turner’s Florida Department of Agriculture and Consumer Services licensed field inspectors) (the “Annual Renewal”). If the Order Form relates to the any Services other than with respect to termites and/or Wildlife, then at the end of the Initial Term, the Agreement shall renew monthly (the “Monthly Renewal”) until either party provides thirty (30) days’ notice of termination. The “Contract Period” shall begin on the Effective Date and continues through the Initial Term and each consecutive Annual Renewal or Monthly Renewal (as applicable) thereafter. For any Contract Period when the applicable Annual Renewal or Monthly Renewal (as applicable) payment is not received timely (i.e., in accordance with the terms of the Agreement) or Turner does not approve the Annual Renewal, then the Agreement terminates immediately (except for Customer’s payment obligations and Customer’s obligations in Section 8(a) below regarding payment) and the Contract Period immediately ends. Notwithstanding any language to the contrary set forth herein, in the event of the termination or expiration of this Agreement, for any reason, Customer shall pay all amounts due for Services provided by Turner.

Covered Property (and Limitation on Covered Property)
(a) The provisions of this Section 2 shall only apply with respect to Services involving the extermination of termites. The sole structure/property (as applicable) covered by the Agreement is generally identified on the first page of the Order Form and more specifically identified in the graph/drawing (if any) Turner agreement (the “Covered Property”) and incorporated therein by reference. Customer shall timely notify Turner of any additions or alterations to the Covered Property without regard to whether Customer intends to add such additions or alterations to the Covered Property under the Agreement. Customer’s addition or alteration of the Covered Property may result in Customer being obligated to pay for additional Services regarding the Covered Property, any additions or alterations to the Covered Property, or both. Further, such additions or alterations to the Covered Property may require, at Turner’s discretion, pretreatment/additional treatment (as applicable) of such additions or alterations which may result in additional fees or charges. Customer’s failure to obtain or permit pretreatment/additional treatment (as applicable) of such additions or alterations shall, at Turner’s discretion, limit Turner’s commitments and obligations in the Agreement.
(b) Repair Coverage. Limitations On Termite Service & Turner’s Commitments or Obligations for Repair see (ii), (iii), (iv),(v). (c)Retreat coverage. If retreat is selected on the Turner bundle, or under a standalone Turner retreat agreement shall not be responsible to repair any live or previous termite damage. This service also include retreat of Live termite which include Subterranean termite and include Formosan termites.
(i) In no circumstance will Turner be obligated, have a duty, or be committed to make any payment under this Agreement which exceeds the lesser of the replacement cost of the Covered Property or the value of the Covered Property, up to a maximum of $500,000 if Turner did not complete pretreat for the property or maximum coverage of $1,000,000 if Turner completed the pretreat for the property and there has been continuous annual renewal at all subsequent time, thus will pay for the covered repairs. (a detailed in this agreement Terms & Conditions in section (ii) In no circumstance will Turner have obligations, duties, or commitments in this Agreement or otherwise arising by statute or in common law to pay for or provide any services or repairs to any of the following: any damage to or repairs to the Covered Structure that were in any way caused or contributed to, in whole or in part, by “Conducive Conditions." Conducive Conditions means any circumstance that contribute to, cause, or create a condition or physical situation particularly susceptible to subterranean termites or Formosan Termites which Customer fails to remedy within 60 days after identification of such circumstance.

(iii) Any damage to or repairs to the Covered Property that were in any way caused or contributed to, in whole or in part, by Termite Activity that existed before the time of the Initial Treatment Date, or that was or has been hidden or concealed from Turner’s inspections identified in Section 4.
(iv) Any repairs to the Property that were in any way caused or contributed to by circumstances or conditions other than Termite Activity.
(v) Any area where stucco, coquina, Styrofoam, EIFS, exterior insulation finishing system, and any other material is applied in a manner conducive to infestation or is in direct contact with the ground.

• Services. As of the Effective Date, Customer desires to purchase from Turner certain services, which may include, but not limited to: ( a) Lawn, Shrub and Flower Bed Service as further described in the Lawn, Shrub and Flower Bed Terms and Conditions can be found at [Section 11] (the “Lawn, Shrub and Flower Bed T&Cs”); (b) the Mosquito Services as further described in the[Section 12] Mosquito Service Terms and Conditions can be found at [link] (the “Mosquito Service T&Cs”); (c) the Wildlife/Nuisance Animal Services as further described in the Wildlife/Nuisance Animal Terms and Conditions can be found at [Setion 5] (the “Wildlife/Nuisance Animal T&Cs”); (d) the Turner Pest Control Services as further described in the Turner Pest Control Services Terms Conditions can be found at [  ] (the “Turner Pest Control Services T&Cs”; (e) the TurnerGuard Bundle Services (Repair Warranty) as further described in the TurnerGuard Services Terms and Conditions can be found at [Section 6 ] (the “TurnerGuard Services T&Cs”)(Retreat Warranty); and (f) the Termite Service as further described in the Termite Service Terms and Conditions can be found at [   ] (the “Termite Service T&Cs”) (Repair Warranty)((a) through (b) collectively, the “Services”). and (the “Termite Service T&Cs”) (Retreat Warranty)
• Services Retreatment Period. During the Contract Period, Turner commits to providing the Services described above for the Covered Property. Turner may provide additional Services as Turner, in its sole discretion, deems necessary at no additional charge to Customer during the Contract Period.
• Wildlife/Nuisance Animal. Exclusions: Turner Pest Control guarantees that during the initial term no Wildlife/Nuisance Animal which Turner Pest Control was contracted to prevent, shall gain access into the structure through only those locations corrected by Turner Pest Control as indicated on the available graph of structure and specifications. In the unlikely event a Wildlife/Nuisance Animal enters the structure through one of these areas, the company will, at no additional charge to the customer, repair said areas to achieve intended purpose of exclusion. This warranty will not encompass the entire structure, only those areas which have been excluded against Wildlife/Nuisance Animals shall be covered under this agreement for the agreed upon terms by Turner Pest Control and the customer. If a "no warranty "option is selected the section above will become null and void.
  • Exclusion with Smart Montoring: This service includes and will cover Exclusion warranty and Smart monitoring service as outline in section 1. Service and warranty will continue as long as payment obligation has been met. (This does not include General Household pest Service.) all smart Terms & conditions apply see Smart Terms & Condition link [ ].
  • Exclusion with Smart Pest Control: This service includes and will cover Exclusion warranty and Smart monitoring service as outline in section 1. Service and warranty will continue as long as payment obligation has been met. (General Household pest Service is included in this program.) All smart Terms & conditions apply see Smart Terms & Condition link [ ].
  • Exclusion Service: This service includes and will cover Exclusion warranty and Smart monitoring service for 60 days. After 60 days all smart monitoring devices will be removed. All smart Terms & conditions apply see Smart Terms & Condition link [ ].
  • Exclusion Service with no warranty coverage: this is a one-time service and does not include any smart devices or any type of guarantee. All smart Terms & conditions apply see Smart Terms a& Condition link [ ].
  • Wildlife Trapping: The Customer agrees to check any exterior trap(s) at least a minimum of once per day before 9:00 am and urgently informs Turner Pest Control with any captures or activity within the trap(s). Failure to notify Turner Pest Control before 9:00 am may result in additional trip fees of $45. Failure to check the trap(s) on a daily basis that leads to the death of animals will result in our dead animal removal and disposal fee of $149 to cover the proper disposal of the animal and sanitization of the Company’s traps. (Trapping equipment: The Customer and Liable Third Party understand that animal traps will be used to trap nuisance wildlife. The Customer, nor Third Party will not touch the equipment unless directed to do so by Turner Pest Control. The Customer and Liable Third Party are responsible for loss, damage or theft of any of the Company’s equipment while in the care and custody of the Customer and will take reasonable precautions to ensure that the equipment is not lost, damaged or stolen.) All smart Terms & conditions apply see Smart Terms a& Condition link [ ].
• Turner Bundle Service: This agreement is for 1-yearwhich begins on the earlier of the date of the customer’s signature or the initial treatment date (the “Effective Dates”). This agreement renews annually for consecutive 1-year Terms upon written approval by one of Turner’s Florida Department of Agriculture and Consumer Services licensed field inspector (the “Annual Renewal”). The “Contract Period” shall begin on the Effective Date and continues through each consecutive Annual Renewal thereafter. In any period when the Renewal Payment is not received timely or Turner does not approve the renewal, then this Agreement terminates immediately (except for Customer’s payment obligations and Customer’s Obligations in Section 8.a. below regarding payment) and the Contract Period immediately ends.

• • Turner Complete Home Protection: Under the Turner Complete Home Protection bundle covers termite (refer section 2), pest control, mosquito, lawn and shrub services, it also covers aeration as needed. This program also includes Tuners smart monitoring system.  All smart Terms & conditions apply see Smart Terms & Condition link [ ]. The coverage determines if the Repair or Retreat Only if check for coverage see (Section 2 (i). Bedbugs are not cover for the first year unless you have completed a Bedbug Thermal treatment.
  • Turner Complete Preferred Protection: Under the Turner Complete Preferred Protection bundle covers termite (section 2), pest control, and every other month lawn services. This program also includes Tuners smart monitoring system if Items are selected.  All smart Terms & conditions apply see Smart Terms & Condition link [ ]. The coverage determines if the Repair or Retreat Only is check for coverage see (Section 2). Bedbugs are not cover for the first year unless you have completed a Bedbug Thermal treatment.
  • Turner Essential Home Protection: Under the Turner Essential Home Protection bundle covers Termites (refer section 2), pest control, Every other month lawn services. This program also includes Tuners smart monitoring system if Items are selected.  All smart Terms & conditions apply see Smart Terms & Condition link [ ]. The coverage determines if the Repair or Retreat Only is check for coverage see (Section 2). Bedbugs are not cover for the first year unless you have completed a Bedbug Thermal treatment.
  • Turner Core Home Protection: Under the Turner Core Home Protection bundle covers pest control, Every other month lawn services. This program also includes Tuners smart monitoring system if Items are selected.  All smart Terms & conditions apply see Smart Terms & Condition link [ ]. This Bundle package does not include Termites and any future termite treatments. (i). Bedbugs are not covered under this bundle package.

• Services, Pests, Property Excluded from TurnerGuard Services & Turner’s Commitments or Obligations: This Agreement excludes all wildlife, pests, insects, rodents, wood destroying organisms, and arthropod that are not specifically identified as Covered Pests in Section 6, as well as any damage to the Covered Structure or Customer’s other property which excluded pests, in whole or in part, may have caused or have caused. These excluded pests would include, by way of non-comprehensive example, Caribbean crazy ants, Tawny crazy ants, raspberry ants, dry wood termites/powerpost termites (Calcaritemtes nearcticus, Crypototermes brevis, Crypototermes cavifrones, Incisitermes milleri, Incisitermes minor, Incisitermes schwartzi, Incisitermes snyderi, Kalotermes approximates) and related species, damp wood termites (Prorhinotermessimplex, Neotermes castaneus, Neotermes luykxi, Neotermes jouteli), arboreal/subterranean termites (Termitidae, Nasutitermes corniger), and related species, squirrels, raccoons, opossums, birds, bats, lizards, snakes, other animals, wood destroying organisms not specifically identified as Covered Pestsincluding any boring beetles (Coleoptera, Bostrichidae, Lyctinae, Lyctus brunneus, Lyctus linearis, Lyctus planicollis, Bostrichidae, Bostrichinae, Heterobostrychus aequalis, Dinoderus minutes, Sobicia declivis, Anobiidae, Euvrilletta peltate, Xestobium rufovillosum, Hemicoelus carinatus, Anobiumpunctatum, Cerambycidae, Hylotrupes bajulus, Smodicum cucuhiforme, Arhopalu productus), fungi/brown rots (Serpula lacrymans, Fibroporia vaillantii, Coniophora puteana, Chaetomium spp., Ceratocystis spp., Kretzschmaria deusta, Chaetomium spp., Ceratocystis spp., Kretzschmaria deusta, Phanerochaete chrysosporium, Meruliporia incrassate - previously Poria incrassate), as well as, non-wood destroying organisms (Curculionidae, Scolytidinae, Curculionidae, Platypodinae, Buprestidae, Camponotus spp., Crematogaster spp., Xylocopa spp., Halicitidae, Megachilidae, Psocoptera, Mollusca, Bivalvia, Teredinidae, Teredo navalis, Ceratocystis spp., Ophiostoma spp., Stachybotrys chartarum, Cladosporium spp.), Surface Molds, Nail holes, Saw cuts, Water and urine stains, honey bees, yellow jackets, snakes, or other wildlife, and additional excluded pests as identified. Bedbugs are not covered under general pest control, and Turner Core Home Protection.
• Customer’s Obligations to Turner. Customer’s failure to fulfill any of Customer’s obligations under the Agreement shall, at Turner’s sole discretion (as may be permitted under applicable law), result in immediate termination of the Agreement and the Contract Period, which termination will result in waiver of any claim by Customer for refund of any amounts paid to Turner. In addition to Customer’s obligations set forth elsewhere in the Agreement, Customer’s obligations are as follows:

(a)Customer shall pay all fees and charges due under the Agreement on or before the due date (as set forth in the Order Form). In the event the Order Form does not contain a due date, Customer shall pay all fees and charges due under the Agreement before the date the applicable Services are to be performed.

(b)Customer agrees to pay initial service charges after the services are rendered via credit card. If customer would like to set up a payment plan, customer agrees to three (3) equal payments. The first payment is to be taken out at the time of scheduling. Remaining payments will be auto-charged to customer’s credit card on file off of the balance owed on the same date for the next two (2) consecutive months after the initial payment (i.e., Initial payment on January 15th, 2nd Payment on February 15th, 3rd Payment on March 15th). Customer shall cooperate fully with Turner during the Contract Period as is reasonable and customary to permit Turner to fulfill its commitments under the Agreement. Customer’s cooperation includes, but is not limited to, permitting Turner personnel and assigned professionals to fully inspect and evaluate the Covered Property as Turner deems reasonably necessary for the Services as well as: (i) for the TurnerGuard Services and/or Termite Services, inspection and evaluation with respect to any potential, actual, or observed Termite Activity, suspected or actual damages from such Termite Activity before the area of such Termite Activity is, in any manner, altered, destroyed, or repaired; or (ii) for the Lawn, Shrub and Flower Bed Service, inspection and evaluation with respect to circumstances and conditions identified on the first page of the Order Form of Schedule A attached thereto. “Termite Activity” shall mean the presence of live subterranean or Formosan termites with proper identification and verification by Turner, as well as visible evidence of damage present from the identified termites.

(c)  If payment in full is not received within thirty (30) days of the due date, Turner, at its option, may (i) charge and collect on outstanding past due amounts the lesser of 1.75% per month or the maximum rate permitted by applicable law and/or (ii) if the payment is not received within forty-eight (48) days of the due date, take commercially reasonable steps to collect the unpaid balance, at Customer sole expense.

(d) Customer shall cooperate fully with Turner during the Contract Period as is reasonable and customary to permit Turner to fulfill its commitments under the Agreement. Customer’s cooperation includes, but is not limited to, permitting Turner personnel and assigned professionals to fully inspect and evaluate the Covered Property as Turner deems reasonably necessary for the Services as well as:  for the TurnerGuard Services and/or Termite Services, inspection and evaluation with respect to any potential, actual, or observed Termite Activity, suspected or actual damages from such Termite Activity before the area of such Termite Activity is, in any manner, altered, destroyed, or repaired; or (ii) for the Lawn, Shrub and Flower Bed Service, inspection and evaluation with respect to circumstances and conditions identified on the first page of the Order Form of Schedule A attached thereto. “Termite Activity” shall mean the presence of live subterranean or Formosan termites with proper identification and verification by Turner, as well as visible evidence of damage present from the identified termites. (e) Customer shall pay all fees and charges due under this Agreement on or before the due date. Additionally, if Customer fails to make timely payment or otherwise cancels the TurnerGuard Services before the initial 1-year term ends then Customer shall be obligated and must pay all Turner fees as follows: There will be a charge of $300.00 cancellation fee and the remainder balance of the last service performed at property, and this would be due at time of cancellation of services. If the customer downgrades the service within the first year, they will owe the $300.00 cancellation fee and the remainder balance of the last service performed at property, and this would be due at time of the downgrade, and a new agreement will need to be signed

Customer’s Obligations to Turner. Customer’s failure to fulfill any of Customer’s obligations under the Agreement shall, at Turner’s sole discretion (as may be permitted under applicable law), result in immediate termination of the Agreement and the Contract Period, which termination will result in waiver of any claim by Customer for refund of any amounts paid to Turner. In addition to Customer’s obligations set forth elsewhere in the Agreement, Customer’s obligations are as follows:

(a)Customer shall pay all fees and charges due under the Agreement on or before the due date (as set forth in the Order Form). In the event the Order Form does not contain a due date, Customer shall pay all fees and charges due under the Agreement before the date the applicable Services are to be performed.

(b)Customer agrees to pay initial service charges after the services are rendered via credit card. If customer would like to set up a payment plan, customer agrees to three (3) equal payments. The first payment is to be taken out at the time of scheduling. Remaining payments will be auto-charged to customer’s credit card on file off of the balance owed on the same date for the next two (2) consecutive months after the initial payment (i.e., Initial payment on January 15th, 2nd Payment on February 15th, 3rd Payment on March 15th). Customer shall cooperate fully with Turner during the Contract Period as is reasonable and customary to permit Turner to fulfill its commitments under the Agreement. Customer’s cooperation includes, but is not limited to, permitting Turner personnel and assigned professionals to fully inspect and evaluate the Covered Property as Turner deems reasonably necessary for the Services as well as: (i) for the TurnerGuard Services and/or Termite Services, inspection and evaluation with respect to any potential, actual, or observed Termite Activity, suspected or actual damages from such Termite Activity before the area of such Termite Activity is, in any manner, altered, destroyed, or repaired; or (ii) for the Lawn, Shrub and Flower Bed Service, inspection and evaluation with respect to circumstances and conditions identified on the first page of the Order Form of Schedule A attached thereto. “Termite Activity” shall mean the presence of live subterranean or Formosan termites with proper identification and verification by Turner, as well as visible evidence of damage present from the identified termites.

(c)  If payment in full is not received within thirty (30) days of the due date, Turner, at its option, may (i) charge and collect on outstanding past due amounts the lesser of 1.75% per month or the maximum rate permitted by applicable law and/or (ii) if the payment is not received within forty-eight (48) days of the due date, take commercially reasonable steps to collect the unpaid balance, at Customer sole expense.

(d) Customer shall cooperate fully with Turner during the Contract Period as is reasonable and customary to permit Turner to fulfill its commitments under the Agreement. Customer’s cooperation includes, but is not limited to, permitting Turner personnel and assigned professionals to fully inspect and evaluate the Covered Property as Turner deems reasonably necessary for the Services as well as:  for the TurnerGuard Services and/or Termite Services, inspection and evaluation with respect to any potential, actual, or observed Termite Activity, suspected or actual damages from such Termite Activity before the area of such Termite Activity is, in any manner, altered, destroyed, or repaired; or (ii) for the Lawn, Shrub and Flower Bed Service, inspection and evaluation with respect to circumstances and conditions identified on the first page of the Order Form of Schedule A attached thereto. “Termite Activity” shall mean the presence of live subterranean or Formosan termites with proper identification and verification by Turner, as well as visible evidence of damage present from the identified termites.

(e) Customer shall pay all fees and charges due under this Agreement on or before the due date. Additionally, if Customer fails to make timely payment or otherwise cancels the TurnerGuard Services before the initial 1-year term ends then Customer shall be obligated and must pay all Turner fees as follows: There will be a charge of $300.00 cancellation fee and the remainder balance of the last service performed at property, and this would be due at time of cancellation of services. If the customer downgrades the service within the first year, they will owe the $300.00 cancellation fee and the remainder balance of the last service performed at property, and this would be due at time of the downgrade, and a new agreement will need to be signed.

General Terms and Conditions.

• The Agreement and the Order Form, and each of their attachments/schedules, contain the entire Agreement between Turner and Customer, and no other statements or representations are binding upon the parties. Further, in entering the Agreement, Customer has not, and is not, relying on any representation or statement that may have been made by Turner or any person representing Turner except as set forth in the Agreement. The Agreement’s terms and conditions may not be modified, altered, or changed by any Turner representative without written approval from Turner’s Corporate Office of such modification, alteration, or change. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES APPLICABLE TO THE AGREEMENT EXCEPT AS EXPLICITLY SET FORTH HEREIN, AND ANY CLAIM RELYING UPON A WARRANTY NOT EXPLICITLY SET FORTH HEREIN IS HEREBY WAIVED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY, MERCHANTABILITY WARRANTY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE.
• Customer waives and holds Turner harmless (to the extent permissible under applicable law) from any existing or future claims arising from or relating to the Services or Covered Repairs (if applicable), except for a claim to enforce the terms and conditions of the Agreement.
• Customer waives and holds Turner harmless (to the extent permissible under applicable law) from all other direct, as well as all indirect, incidental, consequential, special, or punitive damages or expenses arising from or related to Turner’s performance under the Agreement (including the Services). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF TURNER AND ITS AFFILIATES, FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT OR THE ACCESS TO AND RECEIPT OF THE SERVICES, EXCEED THE TOTAL AMOUNT CUSTOMER PAID TO TURNER IN FEES OVER THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in the Agreement. If Customer is in such a jurisdiction, some of the above limitations and disclaimers may not apply to Customer. To the extent Turner may not, as a matter of applicable law, disclaim any implied warranty or limit Turner’s liabilities, the scope and duration of such warranty and the extent of Turner’s liability will be the minimum permitted by applicable law.
• Turner reserves the right to increase service fees regardless of payment terms or discounts applied.
• Customer agrees to Turner sending Customer any and all communications, including billing, by automated call, email, or text message at the email address or phone number that the Customer provided to Turner, as recorded on the first page of the Order Form. Further, as used in the Agreement, the term notice shall mean Turner sending Customer communication by automated call, email, or text message. If such notice includes any alterations or changes in Turner’s duties, obligations, or commitments set forth in the Agreement, then such alterations or changes shall be effective upon thirty (30) days of Turner sending the notice.
• There are no third-party or non-party beneficiaries to the Agreement, and Customer agrees to indemnify and hold Turner harmless from any claims by any third-party or non-party arising from the performance of the Agreement.
• If the Covered Property is sold or ownership is otherwise altered or changed, in any manner, during the Contract Period, then the Agreement is transferable to the Covered Property’s new or additional owner(s) only upon (i) written approval by one of Turner’s Department of Agriculture and Consumer Service licensed field inspectors, and (ii) Turner’s receipt of payment of a $150 transfer fee. Upon such approved transfer and receipt of the transfer fee, the new or additional owner(s) of the Covered Property shall be included as Customer.
• In the event of a change in the existing law as it relates to the Agreement, Turner reserves the right to either terminate the Agreement upon ten (10) days written notice to Customer (or as otherwise required by law), or to adjust the Renewal Payment, to amend the terms of the Agreement at the beginning of each Renewal Period, or both.
• The law of the State where the Covered Property is located shall control the Agreement and any issues arising from the relationship established or existing under the Agreement, without regard to any choice of laws determinations. The venue for any dispute regarding the Agreement or the relationship arising from the Agreement shall be solely Duval County, Florida. The parties to the Agreement waive any rights they may have to a jury trial for enforcement of the Agreement or regarding any dispute arising from the relationship commenced or arising from the Agreement of the negotiations thereof. If any provision of the Agreement or portion thereof is found unenforceable for any reason, then that unenforceable provision or portion shall be severed from the Agreement with no effect on the enforceability of the remainder of the Agreement.
• CHEMICAL SENSITIVITY OF SPECIAL HEALTH CONDITIONS: If Customer believes that Customer or other occupants or visitors to the Covered Property: (i) are or may be sensitive to pesticides/termiticide or their odors; (ii) be pregnant; and/or (iii) have other health conditions that may be affected by pesticides/termiticide or their odors, Customer must notify a Turner Florida Department of Agriculture and Consumer Services licensed field inspector in advance of treatment, including whether Customer or other occupants or visitors have consulted a medical doctor or other health care practitioner regarding such sensitivity or condition. Turner reserves the right, upon such notification, to deny or terminate the Agreement. Failure to provide notification constitutes Customer’s assumption of risk and waiver of any and all claims against Turner in connection with such sensitivity or condition, as well as agreement to indemnify and hold Turner harmless from any claims by Customer, other occupants of the Covered Property, or visitors to the Covered Property.
• Turner maintains the insurance coverage required by the law in the jurisdiction where the Covered Property is located, and information about such required insurance coverage is available from Turner’s Corporate Office.
• Turner shall not be held liable or in any way responsible or obligated to Customer as a result of any failure to perform pursuant to the Agreement, if such failure arises out of a cause beyond the control or without the fault or negligence of Turner including but not limited to acts of God, fires, floods, storms, explosions, acts of a public enemy, acts of civil or military authority, events resulting in Services or any portion of thereof becoming economic losses, governmental actions, unavailability of energy resources, system or communication failure, delay in transportation, fires, strikes, civil protests, riots or war, contagions such as pandemics, failure of supplies from ordinary sources, Customer’s failure to allow Turner access to Customer’s Covered Property for any purpose, specifically including reinspection and retreatment, whether the reinspection or retreatment was requested by Customer or Turner or any other reason beyond the control of Turner (each a “Force Majeure Event”). In the event of any such cause, then Turner may use commercially reasonable efforts to fulfill the Agreement without waiver of the provisions of this clause.
• Turner maintains the insurance coverage required by the Georgia Structural Pest Control Act and Florida State Statute 482, and information about this insurance is available from Turner upon request.

11.   Turner Lawn, Shrub, and Flower Bed Service Terms & Conditions Agreement

These Lawn, Shrub and Flower Bed Service Terms and Conditions (these “Lawn, Shrub and Flower Bed T&Cs”) supplement the terms and conditions in the Turner Pest Control, LLC Services Agreement (the “Services Agreement”) and applies solely to all Customers who purchase or otherwise receive the Lawn, Shrub and Flower Bed Service (as defined in Section 3). Capitalized terms used but not defined herein shall have the respective meanings set forth in the Services Agreement. In the event of a direct conflict between these Lawn, Shrub and Flower Bed T&Cs and the Services Agreement, these Lawn, Shrub and Flower Bed T&Cs shall govern as it relates to the Lawn, Shrub and Flower Bed Service.

• Covered Property (and Limitation on Covered Property). The Turner agreement identifies approximate areas and types of observed turf, insect activity, disease, weeds, exposure to sunlight, soil condition, turf color, and thatch condition, as well as certain other conditions. (Insect lawn only treatments do not guarantee total elimination of targeted pest and turf destroying insects such as chinch bugs, sob web warms, mole crickets, army worms, grubs.)
• Covered Pests. The Lawn, Shrub and Flower Bed Service for the Covered Property are provided only for grubs, chinch bugs, sod webworms, army worms, and mole crickets (collectively, the “Covered Pests”). See also the limitations in Section 5 and exclusions in Section 6 below. Turner reserves the right, solely in its discretion, to include additional pests as Covered Pests upon notice.
• TurnerGreen Lawn, Shrub and Flower Bed Service. As expressly identified in the Order Form (i.e., checked), Turner commits to providing (i) weed bed service labor and materials, and/or (ii) Lawn, Shrub and Flower Bed service labor and materials for the Covered Property regarding the Covered Pests as follows (collectively, the “Lawn, Shrub and Flower Bed Service”):

• Every other month (only if checked):

Visual inspection of the Covered Property for Covered Pests, grass type, turf density, thatch, turf disease, weeds, uncontrollable weeds, turf insect activity, and existing damage to turf; and

Application of pre-emergent and winterized customized fertilization, year-round weed control, and treatment for the Covered Pest, fungi, and diseases of the Covered Property.

• Monthly (only if checked):

Zoysia: Treatment of weeds, insects, and disease as needed. Fertilization with a low rate of nitrogen and micronutrients for health and color.

• One Time - Application (only if checked):

Aeration Service

Flea: Insecticide treatment to harborage areas like mulch, shrubs, and turf.

Mole: Bait applied to mole tunnels to control activity. Follow-ups as needed for thirty (30) days.

Lawn: One-time lawn treatments have no guarantee.

Armadillo: Product applied to kick out holes to control activity. Follow-ups will be conducted as needed for thirty (30) days. (armadillo trapping is not included this would follow under the Wildlife service agreement referring to section 5)

• Lawn & Shrub Service Retreatment Period. During the Contract Period, Turner commits to providing the Lawn, Shrub and Flower Bed Service described above for the Covered Property. Turner may provide additional Lawn, Shrub and Flower Bed Service as Turner, in its sole discretion, deems necessary at no additional charge to Customer during the Contract Period.
• Limitations on Lawn, Shrub and Flower Beds Services. In no circumstance will Turner have obligations, duties or commitments in the Agreement or otherwise arising by statute or in common law to pay for or provide replacement sod, grass, shrubs and trees. (This also includes all lawns that do not have an inground irrigation system or a non-working inground irrigation system.)
• Services, Pests, and Property Excluded from the Lawn, Shrub, and Flower Bed Services. The Agreement excludes all treatment for weeds in non-turf areas like flower beds, wildlife, non-turf destroying pests and insects, rodents, wood destroying organisms, and arthropod that are not specifically identified as Covered Pests, as well as any damage to the Covered Property or Customer’s other property which excluded pests, in whole or in part, may have caused or have caused. These excluded pests would include, by way of non-comprehensive example, possums, raccoons, and armadillos, as well as fire ants and moles, unless otherwise notated in the Turner’s agreement. 
• Customer’s Obligations to Turner. Customer shall follow all instructions provided by Turner at the time of each Lawn, Shrub and Flower Bed Service, as well as, and in addition to watering, fertilizers, and pest control products.

12.   Mosquito Service Terms and Conditions:

These Mosquito Service Terms and Conditions (these “Mosquito T&Cs”) supplement the terms and conditions in the Turner Pest Control, LLC Services Agreement (the “Services Agreement”) and applies solely to all Customers who purchase or otherwise receive the Mosquito Service (as defined in Section 1). Capitalized terms used but not defined herein shall have the respective meanings set forth in the Services Agreement. In the event of a direct conflict between these Mosquito T&Cs and the Services Agreement, these Mosquito T&Cs shall govern as it relates to the Mosquito Service.

• Mosquito Service. As expressly identified in the Turner Agreement, Turner commits to apply products to mosquito resting and breeding sites (to the extent that it can be reasonably accessed by Turner) on the Covered Property to help reduce mosquito populations. This is a year-round service and can only be paused upon customer requests.

• Mosquito Service Commitment. While the Mosquito Service is designed to help reduce the mosquito populations by treating resting and breeding sites around the Covered Property, Turner does not guarantee that mosquitoes will not be found on Customer’s property during the Contract Period. Customer acknowledges and agrees that it (and its guests/invitees) must also take additional precautions for protection when outside to prevent contracting mosquito-borne illness or disease. Customer acknowledges and agrees that it has been advised of conditions conducive to mosquito breeding. Accordingly, Turner hereby disclaims all liability for mosquito-borne illness or disease actually or allegedly contracted from mosquitoes.

• Turner Liability Related to the Mosquito Service. To the full extent permitted by law, Turner will not be liable for personal injury, property damage, loss of use, or any other damage whatsoever, including consequential and incidental damage arising from or relating to the Mosquito Service. In all events, for any claims arising out of or in connection with the Mosquito Service, Turner’s liability to Customer is specifically limited to the amount of fees paid by Customer to Turner for labor and products necessary to help reduce mosquito populations at the Covered Property in the twelve (12) month period immediately preceding the incident giving rise to a claim.

13.   Turner Pest Control Services: Turner commits to providing services for the Covered Structure regarding the Covered Pests, as follows:

1. Visual inspection of the Covered Structure for the Covered Pests; ant, spiders, roaches, mice, and rodent (refer section 7 for pest not covered under General pest control)
2. Interior and exterior initial treatment of the Covered Structure.
3. Application of snake repellent, at Customer’s request.
4. Upon Notice additional Turner Pest Control Services may be included, solely at Turner’s discretion. (collectively, the “Turner Pest Control Services”).

13.1 Turner Pest Control Services Retreatment Period. During the Contract Period Turner commits to providing the Turner Pest Control Services described above for the Covered Structure. Turner may provide additional Turner Pest Control Services as Turner, in its sole discretion, deems necessary at no additional charge to the Customer during the Contract Period.

1. In no circumstance will Turner pay for, or be obligated to pay for, any damages or repairs caused or necessitated, in whole or in part, by any pest, insect,
2. Notwithstanding any other duty, obligation, or commitment in this Agreement, Turner’s obligations, duties, or commitments under the Agreement shall not include payment for repair to or replacement of the Covered Structure, or any specially created, made, produced, or manufactured wall coverings, floor coverings, moldings, paneling, tile or other cosmetic work at or in the Covered Structure.                     

This Turner Business Services Agreement (“Services Agreement”) is incorporated by reference into the Turner Pest Control, LLC (“Turner”) Order Form between Customer and Turner (the “Order Form”). Turner and Customer may each be referred to as a “Party” or collectively referred to as the “Parties”. Capitalized terms used in this Services Agreement without definition shall have the meanings given to them elsewhere in the Agreement. References to the “Agreement” mean the Order Form (including all other appendices and schedules attached thereto), together with this Services Agreement (including all other appendices attached hereto and other terms and conditions incorporated herein by reference). Notwithstanding anything to the contrary, in the event of any conflict or inconsistency between any separate Customer contract(s) with Turner and this Services Agreement, the terms and conditions of this Services Agreement shall control.

1. Contract Period. The Agreement begins on the earlier of (a) the date of Customer’s signature on the Order Form or (b) the initial treatment date for the Services (as defined in Section 3) as set forth on the Order Form (“Initial Treatment Date”) (the “Effective Date”) and, unless a contract expiration date is expressly identified on the front page of the Order Form, continues for a period of 1-year (the “Initial Term”). If the Order Form is for Services related to termites and/or Armadillos, Snakes, Nutria, Cane Toads, Pocket Gophers, Muscovy Ducks, Skunks and Iguanas (individual and collectively, “ Wildlife”), at the end of the Initial Term and any applicable Annual Renewal, the Agreement shall renew annually for consecutive 1-year terms upon request by Customer and written approval by one of Turner’s authorized representatives (including any of Turner’s Florida Department of Agriculture and Consumer Services licensed field inspectors) (the “Annual Renewal”). If the Order Form relates to the any Services other than with respect to termites and/or Wildlife, then at the end of the Initial Term, the Agreement shall renew monthly (the “Monthly Renewal”) until either party provides thirty (30) days’ notice of termination. The “Contract Period” shall begin on the Effective Date and continues through the Initial Term and each consecutive Annual Renewal or Monthly Term (as applicable) thereafter. For any Contract Period when the applicable Annual Renewal or Monthly Renewal payment is not received timely (i.e., in accordance with the terms of the Agreement) or Turner does not approve the Annual Renewal, then the Agreement terminates immediately (except for Customer’s payment obligations) and the Contract Period immediately ends.
2. Covered Property (and Limitation on Covered Property). The provisions of this Section 2 shall only apply to Termite Services. The sole structure/property (as applicable) covered by the Agreement is generally identified on the Order Form (the “Covered Property”). Customer shall timely notify Turner of any additions or alterations to the Covered Property without regard to whether Customer intends to add such additions or alterations to the Covered Property under the Agreement. Customer’s addition or alteration of the Covered Property may result in Customer being obligated to pay for additional Services regarding the Covered Property, any additions or alterations to the Covered Property, or both. Further, such additions or alterations to the Covered Property may require, at Turner’s discretion, pretreatment/additional treatment (as applicable) of such additions or alterations, which may result in additional fees or charges. Customer’s failure to obtain or permit pretreatment/additional treatment (as applicable) of such additions or alterations shall, at Turner’s discretion, limit Turner’s commitments and obligations in the Agreement.
3. Services. As of the Effective Date, Customer desires to purchase from Turner certain services, which may include, but not limited to: (a) the Lawn, Shrub and Flower Bed Service as further described in the Lawn, Shrub and Flower Bed Terms and Conditions [https://www.turnerpest.com/terms-conditions/] (the “Lawn, Shrub and Flower Bed T&Cs”); (b) the Mosquito Services as further described in the Mosquito Service Terms and Conditions [https://www.turnerpest.com/terms-conditions/] (the “Mosquito Service T&Cs”); (c) the Wildlife/Nuisance Animal Services as further described in the Wildlife/Nuisance Animal Terms and Conditions [https://www.turnerpest.com/terms-conditions/] (the “Wildlife/Nuisance Animal T&Cs”); (d) the Turner Pest Control Services as further described in the Turner Pest Control Services Terms Conditions [https://www.turnerpest.com/terms-conditions/  (the “Turner Pest Control Services T&Cs”; (e) the TurnerGuard Services as further described in the TurnerGuard Services Terms and Conditions [lhttps://www.turnerpest.com/terms-conditions/] (the “TurnerGuard Services T&Cs”); (f) the Termite Service as further described in the Termite Service Terms and Conditions [located at [https://www.turnerpest.com/terms-conditions/] (the “Termite Service T&Cs”); and (g) any other services agreed upon by the Parties in an executed Order Form ((a) through (g) collectively, the “Services”).
4. Inspection and Preparatory Services. Prior to the commencement of any Services to be provided under the Agreement, Turner may, at its option, inspect the Covered Property in order to make a risk assessment. Based on the results of the inspection mentioned in the foregoing sentence, Turner may carry out preparatory Services on terms and conditions mutually agreed upon by the Parties in an Order Form. If Customer does not agree to the preparatory Services which Turner determines are necessary to provide the Services, Turner may, at its option, cancel the Agreement and/or applicable Order Form with no further obligation to Customer.
5. Termination.
   1. Customer may terminate the Agreement and/or any applicable Order Form if Turner:
      1. Breaches any of its material obligations under the Agreement and despite Customer’s written request for remedy fails to correct the breach within thirty (30) days of Turner’s receipt of such notice from Customer; or
      2. Despite Customer’s written request for remedy, Turner repeatedly breaches its material obligations under the Agreement in the same manner more than twice in any six (6) month period. In the event of such termination as described in (i) and (ii) above, Turner shall reimburse Customer for any unused portion of the most recent prepaid annual Fee (based on a 365-day year and actual number of days elapsed).
   2. Turner may terminate the Agreement and/or any applicable Order Form with immediate effect and/or suspend its performance of the Services with immediate effect if:
      1. Customer has failed to make a payment under the Agreement by the specified due date;
      2. Customer becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors;
      3. Customer has not cooperated with or assisted in Turner’s performance of the Services as reasonably requested by Turner or as otherwise required by the Agreement;
      4. Customer has not followed Turner’s instructions with respect to the Services;
      5. Customer has failed to fulfill its material obligations under the Agreement, or if Customer otherwise has breached the Agreement; or
      6. Turner has “particular grounds” for termination. Such “particular grounds” include, but are not limited to, changes in applicable laws, rules, regulations, or legislation, a substantially increased risk of damages, or a change in the business activities of Customer, in each case which in Turner’s reasonable discretion prevent or materially decrease Turner’s ability to perform the Services or to receive the benefits (economic or otherwise) of the Agreement. Solely with respect to the termination pursuant to this subsection (vi), Turner will not be liable to Customer for any reliance, exemplary, special, indirect, direct, incidental, punitive, or consequential damages, including, but not limited to, loss of business, opportunity, revenue, or data.
   3. Upon the effective date of the termination of the Agreement or any Order Form, Customer will immediately cease having access to the Services. If Customer terminates any Services except as specifically permitted in this Section 5, or if Turner terminates the Agreement or any Order Form in accordance with Sections 5(b)(i) – (v), any and all payment obligations of Customer in connection with the Services shall become immediately due and payable with respect to such Services.
6. Fees and Charges.
   1. Customer shall pay all fees and charges for the Services (the “Fees”) set forth in an Order Form. All Fees are due and payable to Turner on or before the due date (as set forth in the Order Form). In the event the Order Form does not contain a due date, Customer shall pay all fees and charges due under the Agreement within thirty (30) days from the date of Turner’s invoice.
   2. Turner may increase the Fees with respect to any Annual Renewal. If Turner increases any annual Fee by more than five percent (5%) of the prior year’s aggregate annual Fee (the “Permitted Increase”), Turner shall notify Customer of any such increase of the annual Fee in excess of the Permitted Increase no later than three (3) months prior to date on which the next annual Fee is due. In the case of such an increase by more than the Permitted Increase, Customer may, at its option, terminate the Agreement and/or the applicable Order Form (effective on the day prior to the next annual Fee payment date) by delivering a written request for termination to Turner. Such termination request must be delivered to Turner not later than thirty (30) days after Customer’s receipt of Turner’s notification of the increase by more than the Permitted Increase. Such termination will not relieve Customer of its obligations to pay any amounts due to Turner with respect to any Contract Period prior to the termination date.
   3. Turner reserves the right to, in addition to the annual Fee, charge Customer for Turner’s performance of additional Services (such as expedited service, technical service, and troubleshooting), in each case as such additional Services are mutually agreed by Customer and Turner in a separately executed Order Form.
   4. If payment in full is not received by the due date, Turner, at its option, may (i) charge and collect on outstanding past due amounts the lesser of the Secured Overnight Financing Rate (SOFR) plus three percent (3%) per month or the maximum rate permitted by applicable law and/or (ii) if the payment is not received within forty-eight (48) days of the due date, take commercially reasonable steps to collect the unpaid balance, at Customer sole expense. Customer acknowledges and agrees that, in the event of non-payment, Turner may file a lien on Customer’s property, pursuant to applicable law.
7. Customer’s Obligations to Turner.
   1. Customer shall:
      1. Carefully follow all instructions given by Turner;
      2. Grant Turner access to the Covered Property in accordance with Turner’s instructions;
      3. Provide any equipment reasonably requested by Turner for access to the Covered Property, including, but not limited to, ladders and skylifts;
      4. Perform any preparations, prior to the Services, in accordance with Turner’s instructions, including, but not limited to, construction or alteration of buildings at the Covered Property and properties on the Covered Property which belong to the building (e.g., fixtures) and other objects which the building as been fitted for permanent use (collectively, the “Buildings”) as requested by Turner in connection with the services;
      5. Ensure that all relevant areas or parts of the Covered Property are accessible for the placement or mounting of equipment by Turner;
      6. Ensure that a proper power supply, in accordance with Turner’s instructions, is available if electrical or electronic equipment is being or has been mounted. This may include power supply from the electrical grid or via battery power;
      7. Be responsible for electricity revisions, and any electricity safety measures required at the Covered Property;
      8. Notify Turner of any particular conditions related to the Covered Property, including, but not limited to, any sensitive or restricted areas as well as any restrictions related to the access to these areas and/or other parts of the Covered Property. To the extent necessary, Customer shall provide Turner with any special equipment or similar which is needed to access all or part of the Covered Property;
      9. Immediately notify Turner if Customer becomes aware that any equipment owned by Turner and mounted by Turner or placed in or adjacent to the Covered Property by Turner (“Turner Equipment”), including electronic traps and monitoring devices, signage, or control stations, has been damaged, moved, improperly used, or otherwise harmed or mishandled; and
      10. Immediately notify Turner if Customer suspects or becomes aware of any circumstances or events related to the Agreement which may adversely affect any Party’s ability to fulfill its obligations under the Agreement.
   2. If Turner personnel are permitted to use equipment provided by the Customer, Customer shall be responsible for providing on-site safety training by a qualified person to Turner personnel prior to use. Turner reserves the right to inspect the equipment and be provided with all applicable safety records related to such equipment prior to use. Turner may also provide its own equipment. In the event that specific equipment (e.g., an aerial lift) needs to be rented by Turner, Turner may rent such equipment at Customer’s sole cost and expense.
   3. Customer shall comply with applicable working environment laws, rules, regulations and legislation with respect to the Covered Property. In addition, Customer must, regardless of whether it is required by the applicable working environment laws, rules, regulations, or legislation or not, create a safe working environment for Turner’s staff. This includes an obligation for Customer to provide Turner information and otherwise take any necessary measures to create a safe working environment for Turner’s staff.
   4. Customer shall be responsible for any restoration of the Covered Property (including the Buildings) following the mounting and/or dismounting of Turner Equipment and/or after the Services.
8. Turner’s Obligations to Customer.
   1. Turner will perform the Services at the Covered Property. The method of the Services will be determined by Turner on a case-by-case basis with attention to human welfare, environmental aspects and such other factors as Turner determines (in its sole discretion) to be appropriate. In the event that the Agreement includes Services of personal property (e.g., furniture, equipment, machinery, shelves, gondolas etc.) which can be moved from the Covered Property (“Movables”), and the Services must be performed at another location than at the Covered Property (as determined by Turner), Customer shall be responsible for all reasonable and documented costs incurred by Turner for transporting Movables.
   2. Turner will perform the Services during the normal operational hours of Turner, unless explicitly agreed otherwise in the Agreement.
   3. Turner shall use commercially reasonable efforts to mitigate any known risks related to the working environment at the Covered Property.
   4. Turner will provide documentation regarding inspections, proposals for measures, reading protocols, etc., related to the Agreement. Customer may use such documentation in the normal course of Customer’s business; provided, however, Customer acknowledges and agrees that the documentation is provided for Customer’s reliance only, and Turner provides the documentation on the condition that no third party is entitled to rely on the content of the documentation.
   5. Other than mounting and dismounting of Turner Equipment, Turner will not be responsible for the construction or alteration of any Covered Property (including the Buildings) in connection with providing the Services unless explicitly agreed upon in the Agreement.
   6. Turner’s obligations do not include professional food handling unless explicitly agreed upon in the Agreement
   7. Turner’s obligations do not include Services of (i) Movables and/or (ii) raw materials, products being processed, fully- or semi-finished goods, goods acquired for reselling, and any packing materials for the items mentioned in the foregoing (collectively, “Goods”) unless explicitly agreed upon in the Agreement, and in any event subject to the provisions in Section 8(a).
9. Turner Equipment.
   1. Turner Equipment remains the property of Turner unless otherwise explicitly agreed to in this Services Agreement. Turner is entitled to enter the Covered Property and repossess Turner Equipment upon the expiration, cancellation, or termination of the Agreement and/or any applicable Order Form.
   2. Customer shall be responsible for safeguarding Turner Equipment. Without limiting the foregoing, Customer shall reimburse Turner for the cost of any Turner Equipment which is damaged, lost, or destroyed as a result of Customer’s actions or omissions.
   3. Customer, at its own cost, shall be responsible for disposing of Customer's existing hardware products in a manner which is environmentally friendly and consistent with applicable laws, rules, regulation, and legislation.
   4. Some Turner Equipment has an integrated system where data (including personal data and information regarding the use and performance of the Turner Equipment, such as but not limited to equipment failures, observations of equipment performance, measurement data, sensor levels) that is held, created, generated, stored, used or transferred when using the Turner Equipment (collectively, “Data”) is automatically digitally sent, uploaded, communicated or transmitted to Turner for use by Turner in accordance with Section 10(a). All Data relating to the Services is owned by Turner.
10. Data; Intellectual Property Rights.
    1. Turner may use Data for any purpose, including but not limited to provide and manage the Services, statistical purposes, development of the Services, Turner Equipment, and other Turner products or services, research and marketing. To the extent that personal data of Customer’s users is included in the Data, Turner will not share or disclose personally-identifying information of Customer’s users except as required to provide the Services and to comply with applicable laws.
       
    2. As between the Parties, all Intellectual Property Rights in, the Services, Data and/or Turner Equipment, are and remain the sole and exclusive property of Turner (and its licensors). Except as expressly set forth in this Services Agreement, nothing in the Agreement shall operate to assign or transfer any Intellectual Property Rights from Turner to Customer. “Intellectual Property Rights” means any and all rights, title or interest comprising or relating to: (i) patents, patent disclosures and inventions (whether patentable or not); (ii) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith; (iii) authorship rights, copyrights and copyrightable works (including computer programs) and rights in data and databases; (iv) trade secrets, know-how and other confidential information; and (v) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection provided by applicable law in any jurisdiction throughout the world.
    3. If Customer provides Turner with any ideas, comments or suggestions relating to the Services and/or Turner Equipment (“Feedback”), all Intellectual Property Rights in that Feedback, and anything created as a result of that Feedback (including new material, services, methods, enhancements, modifications or derivative works), are owned solely by Turner and Turner may use or disclose the Feedback for any purpose. Customer represents and warrants (i) that Customer has the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, Intellectual Property Rights, and (iii) that Customer’s Feedback does not contain the confidential or proprietary information of any third party or parties.
11. Confidentiality.
    1. The Parties acknowledge that, in the course of performance under the Agreement, one Party (the “Disclosing Party”) may intentionally or inadvertently disclose, deliver or permit access by the other Party (the “Receiving Party”) to information, data or materials which a reasonable person would expect to be confidential given its content or the circumstances surrounding its disclosure (“Confidential Information”).
    2. The Receiving Party shall have no obligations under this Section with respect to any Confidential Information which the Receiving Party can demonstrate by reasonable written evidence: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the Receiving Party; (ii) was previously known to the Receiving Party or rightly received by the Receiving Party from a third party; (iii) is independently developed by or on behalf of the Receiving Party; or (iv) is subject to disclosure under court order or other lawful process. The Receiving Party agrees to hold the Disclosing Party’s Confidential Information in strict confidence.
    3. In all events, the Receiving Party shall handle, store, and maintain all Confidential Information of the Disclosing Party with a degree of care that is reasonable for the circumstances of disclosure and the nature of each component of Confidential Information. The Receiving Party agrees not to make the Disclosing Party’s Confidential Information available in any form to any third party or to use the Disclosing Party’s Confidential Information for any purpose other than for the limited extent required to perform its obligations under the Agreement. The Disclosing Party’s Confidential Information shall remain the sole and exclusive property of that Party, and neither this Agreement nor any disclosure of Confidential Information shall be deemed to grant the Receiving Party any license or other intellectual property right. The Parties agree that in the event of the actual or threatened use or disclosure by the Receiving Party other than specifically provided for in this Agreement, the Disclosing Party may be entitled to seek equitable relief.
    4. The Parties are responsible for ensuring that the processing of personal data takes place in accordance with applicable data privacy and data protection laws and regulations.
12. Limitations of Liability.
    1. Subject to Section 12(b) below, Turner will be liable only for direct damage to property or personal injury caused by the gross negligence of Turner in its performance of the Services at the Covered Property. WITHOUT LIMITING THE FOREGOING, TURNER WILL NOT BE LIABLE TO ANY PERSON (INCLUDING CUSTOMER) FOR ANY RELIANCE, PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, OPPORTUNITY, REVENUE, OR DATA, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, NO MATTER HOW CHARACTERIZED OR IF DEEMED TO BE DIRECT, AND EVEN IF FORESEEABLE OR TURNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further, Turner will not be liable or responsible for any fees, fines, administrative fines, penalties, or any other similar sanctions (i) which may be imposed on Customer following an inspection or an incident or (ii) incurred by or imposed on Customer for supervisions or inspections according to any applicable environmental law, rule, regulation, or legislation.
    2. TURNER’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS UNDER THE AGREEMENT SHALL NEVER EXCEED THE LESSER OF (I) THE REPLACEMENT VALUE OF DAMAGED PROPERTY (E.G., GOODS, MOVABLES, ETC.) OR (II) THE TOTAL FEES PAID BY CUSTOMER TO TURNER UNDER THE AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
    3. Customer shall notify Turner in writing of any damages or claims as soon as possible after Customer has first become aware of or should have become aware of (i) the damage, or (ii) the event, negligence, or omission causing the damage, in each case in reasonable detail. Any such notice must be delivered to Turner within three (3) months from the earliest of (w) the time the latest Service was completed or interrupted, (x) the termination or expiry of the Order Form, (y) the date on which Customer actually became aware of the claim, or (z) the date on which Customer should have become aware of such damages or claims. IF WRITTEN NOTICE IS NOT GIVEN TO TURNER WITHIN THE TIME SET FORTH IN THE FOREGOING SENTENCE, CUSTOMER HEREBY FORFEITS AND WAIVES ITS RIGHT TO CLAIM COMPENSATION FROM TURNER.
    4. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THE LIMITATIONS OR EXCLUSIONS UNDER THIS SECTION 12 DEPRIVE CUSTOMER OF AN ADEQUATE REMEDY.
13. Force Majeure. If Turner’s performance of its obligations under the Agreement is prevented or is rendered unreasonably difficult by circumstances which Turner has no reasonable control over, including but not limited to acts of God, fires, floods, storms, explosions, acts of a public enemy, acts of civil or military authority, terrorist attacks, mass shootings, events resulting in the Services or any portion of thereof becoming economic losses, governmental actions, unavailability of energy resources, system or communication failure, delay in transportation, strikes, disturbances in the labor market, civil protests, riots or war, contagions such as pandemics, failure of supplies from ordinary sources, Customer’s failure to allow Turner access to the Covered Property for any purpose, specifically including reinspection and retreatment, whether the reinspection or retreatment was requested by Customer or Turner or any other reason beyond the control of Turner (each a “Force Majeure Event”), Turner will not be obligated to perform its obligations for the time which the circumstance in question prevents Turner’s performance or renders it unreasonably difficult, nor for a reasonable time thereafter. If a Force Majeure Event prevents Turner’s performance or renders it unreasonably difficult for more than six (6) months, either Party may terminate the Agreement with immediate effect by notifying the other Party in writing.
14. Changes to the Agreement.
    1. Turner may, from time to time, modify the terms of the Agreement, including this Services Agreement. Any such change will not be effective against Customer unless Turner notifies Customer in writing (including via email) of such potential changes no later than three (3) months prior to the proposed effective date of the change. Notwithstanding the foregoing, with respect to any change to the Agreement reasonably required in order to comply with applicable law and regulation or reasonably necessary in order to provide the Services, Turner shall give notice to Customer as soon as practicable under the circumstances, which notice must specify the effective date of the proposed change.
    2. If Customer does not accept the changes, Customer may, at its option, terminate the Agreement by delivering a written request for termination to Turner no later than ten (10) days after Customer’s receipt of Turner’s notification of the changes. In the event of such termination by Customer, Turner shall reimburse Customer for any unused portion of the most recent prepaid Fee.
15. General Terms and Conditions.
    1. The Agreement and each Order Form hereunder, and each of their attachments/schedules contain the entire agreement between Turner and Customer, and no other statements or representations are binding upon the Parties. Further, in entering the Agreement, Customer has not, and is not, relying on any representation or statement that may have been made by Turner or any person representing Turner except as set forth in the Agreement.
    2. This Agreement will be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY MUST BE INSTITUTED IN THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA OR THE COURTS OF THE STATE OF FLORIDA IN EACH CASE LOCATED IN DUVAL COUNTY, FLORIDA, AND EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING.
    3. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 15(b).
    4. Turner maintains the insurance coverage required by law in the jurisdiction where the Covered Property is located (including the Georgia Structural Pest Control Act and Florida State Statute 482), and information about this insurance is available from Turner upon request.
    5. CHEMICAL SENSITIVITY OF SPECIAL HEALTH CONDITIONS: If Customer believes that Customer or other occupants or visitors to the Covered Property: (i) are or may be sensitive to pesticides/termiticide or their odors; (ii) be pregnant; and/or (iii) have other health conditions that may be affected by pesticides/termiticide or their odors, Customer must notify a Turner Department of Agriculture and Consumer Services licensed field inspector in advance of treatment, including whether Customer or other occupants or visitors have consulted a medical doctor or other health care practitioner regarding such sensitivity or condition. Turner reserves the right, upon such notification, to deny or terminate the Agreement. Failure to provide notification constitutes Customer’s assumption of risk and waiver of any and all claims against Turner in connection with such sensitivity or condition, as well as agreement to indemnify and hold Turner harmless from any claims by Customer, other occupants of the Covered Property, or visitors to the Covered Property.
    6. If the Covered Property is sold or ownership is otherwise altered or changed, in any manner, during the Contract Period, then the Agreement is transferable to the Covered Property’s new or additional owner(s) only upon (i) written approval by one of Turner’s Department of Agriculture and Consumer Service licensed field inspector, and (ii) Turner’s receipt of payment of a $150 transfer fee. Upon such approved transfer and receipt of the transfer fee, the new or additional owner(s) of the Covered Property shall be included as Customer.
    7. There are no third-party or non-party beneficiaries to the Agreement, and Customer agrees to indemnify and hold Turner harmless from any claims by any third-party or non-party arising from the performance of the Agreement.
    8. Customer agrees to Turner sending Customer any and all communications, including billing, by automated call, email, or text message at the email address or phone number Customer provided to Turner, as recorded on the first page of the Order Form. Further, as used in the Agreement, the term notice shall mean Turner sending Customer communication by automated call, email, or text message. If such notice includes any alterations or changes in Turner’s duties, obligations, or commitments set forth in the Agreement, then such alterations or changes shall be effective upon thirty (30) days of Turner sending the notice.
    9. The Parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
    10. In the event that any provision of the Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement; such determination shall not affect the validity and enforceability of any other remaining provisions.
    11. No delay or omission by a Party in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by a Party shall not preclude further exercise or any right or remedy by such Party. No waiver by a Party shall be valid unless in writing signed by such Party.
    12. All sections of this Services Agreement which by their nature should survive termination will survive termination, including, without limitation, those provisions relating to indemnities, limitations of liability, confidentiality, intellectual property rights, and payment.
    13. The headings used in the Agreement are included for convenience only and will not limit or otherwise affect the Agreement.

These Lawn, Shrub and Flower Bed Service Terms and Conditions (these “Lawn, Shrub and Flower Bed T&Cs”) supplement the terms and conditions in the Turner Pest Control, LLC Services Agreement (the “Services Agreement”) and applies solely to all Customers who purchase or otherwise receive the Lawn, Shrub and Flower Bed Service (as defined in Section 3). Capitalized terms used but not defined herein shall have the respective meanings set forth in the Services Agreement. In the event of a direct conflict between these Lawn, Shrub and Flower Bed T&Cs and the Services Agreement, these Lawn, Shrub and Flower Bed T&Cs shall govern as it relates to the Lawn, Shrub and Flower Bed Service. 

1. Covered Property (and Limitation on Covered Property). The graph/drawing of the Covered Property attached as Schedule A to the Order Form identifies approximate areas and types of observed turf, insect activity, disease, weeds, exposure to sunlight, soil condition, turf color, and thatch condition, as well as certain other conditions. 
2. Covered Pests. The Lawn, Shrub and Flower Bed Service for the Covered Property are provided only for grubs, chinch bugs, sod webworms, army worms, and mole crickets (collectively, the “Covered Pests”). See also the limitations in Section 5 and exclusions in Section 6 below. Turner reserves the right, solely in its discretion, to include additional pests as Covered Pests upon notice. 
3. TurnerGreen Lawn, Shrub and Flower Bed Service. As expressly identified in the Order Form (i.e., checked), Turner commits to providing (i) weed bed service labor and materials, and/or (ii) Lawn, Shrub and Flower Bed service labor and materials for the Covered Property regarding the Covered Pests as follows (collectively, the “Lawn, Shrub and Flower Bed Service”): 

• Every other month (only if checked):

Visual inspection of the Covered Property for Covered Pests, grass type, turf density, thatch, turf disease, weeds, uncontrollable weeds, turf insect activity, and existing damage to turf; and

Application of pre-emergent and winterized customized fertilization, year-round weed control, and treatment for the Covered Pets, fungi, and diseases of the Covered Property.

• Monthly (only if checked):

Zoysia: Treatment of weeds, insects, and disease as needed. Fertilization with a low rate of nitrogen and micronutrients for health and color;

Aeration Services.

• One Time - Application (only if checked):

Aeration Service

Flea: Insecticide treatment to harborage areas like mulch, shrubs, and turf.

Mole: Bait applied to mole tunnels to control activity. Follow-ups as needed for thirty (30) days.

Lawn: One-time lawn treatments have no guarantee.

Armadillo: Product applied to kick out holes to control activity. Follow-ups will be conducted as needed for thirty (30) days.

4. Lawn & Shrub Service Retreatment Period. During the Contract Period, Turner commits to providing the Lawn, Shrub and Flower Bed Service described above for the Covered Property. Turner may provide additional Lawn, Shrub and Flower Bed Service as Turner, in its sole discretion, deems necessary at no additional charge to Customer during the Contract Period. 

5. Limitations on Lawn, Shrub and Flower Beds Services. In no circumstance will Turner have obligations, duties or commitments in the Agreement or otherwise arising by statute or in common law to pay for or provide replacement sod or grass. 

6. Services, Pests, and Property Excluded from the Lawn, Shrub, and Flower Bed Services. The Agreement excludes all treatment for weeds in non-turf areas like flower beds, wildlife, non-turf destroying pests and insects, rodents, wood destroying organisms, and arthropod that are not specifically identified as Covered Pests, as well as any damage to the Covered Property or Customer’s other property which excluded pests, in whole or in part, may have caused or have caused. These excluded pests would include, by way of non-comprehensive example, possum, raccoons, and armadillos, as well as fire ants and moles, unless otherwise notated in the Order Form. 

7. Customer’s Obligations to Turner. Customer shall follow all instructions provided by Turner at the time of each Lawn, Shrub and Flower Bed Service, as well as, and in addition to watering, fertilizers, and pest control products.

These Mosquito Service Terms and Conditions (these “Mosquito T&Cs”) supplement the terms and conditions in the Turner Pest Control, LLC Services Agreement (the “Services Agreement”) and applies solely to all Customers who purchase or otherwise receive the Mosquito Service (as defined in Section 1). Capitalized terms used but not defined herein shall have the respective meanings set forth in the Services Agreement. In the event of a direct conflict between these Mosquito T&Cs and the Services Agreement, these Mosquito T&Cs shall govern as it relates to the Mosquito Service. 

1. Mosquito Service. As expressly identified in the Order Form, Turner commits to apply products to mosquito resting and breeding sites (to the extent that it can be reasonably accessed by Turner) on the Covered Property to help reduce mosquito populations (the “Mosquito Service”).

2. Mosquito Service Commitment. While the Mosquito Service is designed to help reduce the mosquito populations by treating resting and breeding sites around the Covered Property, Turner does not guarantee that mosquitoes will not be found on Customer’s property during the Contract Period. Customer acknowledges and agrees that it (and its guests/invitees) must also take additional precautions for protection when outside to prevent contracting mosquito-borne illness or disease. Customer acknowledges and agrees that it has been advised of conditions conducive to mosquito breeding. Accordingly, Turner hereby disclaims all liability for mosquito-borne illness or disease actually or allegedly contracted from mosquitoes.

3. Turner Liability Related to the Mosquito Service. To the full extent permitted by law, Turner will not be liable for personal injury, property damage, loss of use, or any other damages whatsoever, including consequential and incidental damages arising from or relating to the Mosquito Service. In all events, for any claims arising out of or in connection with the Mosquito Service, Turner’s liability to Customer is specifically limited to the amount of fees paid by Customer to Turner for labor and products necessary to help reduce mosquito populations at the Covered Property in the twelve (12) month period immediately preceding the incident giving rise to a claim.

 

1. Equipment and digital support systems
   1. Equipment installed or positioned by Turner Pest in or near the Customer’s properties is the property of Turner Pest, unless otherwise indicated in applicable Agreement documents.
   2. The Customer is obliged to compensate Turner Pest for any equipment belonging to Turner Pest that is lost, destroyed, or materially damaged. The market value of lost or damaged equipment may fluctuate.
   3. Turner Pest is entitled to recover any equipment belonging to Turner Pest once the contractual Agreement ends or is terminated.
   4. Access to Turner Pest's digital support system ceases as soon as the applicable Agreement expires.
2. Limitation of liability
   1. Turner Pest is only responsible for direct material damage or personal injury caused by negligence on the part of Turner Pest, its employees, contractors, or agents in the performance of Turner Pest's services at the Customer’s premises.
   2. Turner Pest's liability is limited, under all circumstances, to the dollar amount paid by Customer to Turner Pest, under the Agreement.
   3. Turner Pest will not be liable for any indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement.
   4. Turner Pest is not liable for any damage directly or indirectly caused by pests, unless the damage is the result of or is significantly exacerbated by negligence during inspection or is due to the customer’s own undue delay

in treatment(s) or maintenance following Turner Pest's confirmation of the presence of pests or having been informed of such a presence. In such circumstances, the same limit applies as in 2.4 above. Turner Pest accepts no responsibility under any circumstances for damage caused by micro-organisms, allergens, toxins, or foreign objects.

1. Turner Pest accepts no responsibility under any circumstances for damage directly or indirectly caused by fire that occurs at the Customer’s premises and that may be linked to incorrect fire protection or incorrect reporting of conditions at the Customer’s properties.
2. Turner Pest's statements on the Customer’s electrical safety are recommendations. Turner Pest cannot be held liable for cases where such recommendations are incorrect or are not provided.
3. Turner Pest cannot be held liable for the Customer’s commitments in terms of content and completion of any fire protection report, permits for food premises, establishment of self-inspection programs or other similar documentation that the Customer is required to sign and submit to the relevant authority.
4. Turner Pest cannot be held liable for any fines, penalties or other similar sanctions that may affect the Customer as a result of inspections or incidents.
5. Turner Pest cannot be held liable for any extraordinary fees for permits in accordance with environmental requirements.

1. Termination of the Agreement
   1. If the Customer cancels the Agreement for any reason prior to

the termination date under the Agreement, Turner Pest is entitled to compensation for completed work and all compensation due to it under the terms of the Agreement and any costs and losses incurred by Turner Pest as a

result of cancellation of the Agreement.

1. Early Termination Policy

Customer understands if they cancel the TurnerGuard Bundle before the One year is up, they will be responsible for the remainder of the treatment Balance on the above agreement. 3.2 On expiration or termination of this Agreement, Turner Pest or its representatives is authorized by the Customer to retrieve from the Customer’s premises the equipment contained therein for appropriate disposition. Turner Pest reserves the right to pursue to the fullest its legal rights relating to the use and adverse possession of the Anticimex SMART equipment.

1. Equipment Return Policy

Equipment must be returned within 30 days of the expiration or termination of the agreement. In the event of a residential cancellation, there will be a $200 dollar per device put on hold and placed on the account if Smart is not returned. This includes Pest Control and wildlife with Smart devices.  

Commercial Smart cancellation if equipment is unable to be collected the customer would be charged the total cost of the equipment.

1. Turner Pest reserves the right to terminate the Agreement at any time. Notice must be provided pursuant to the terms.
2. Turner Pest is entitled, on the signing of the Agreement and as required during the period of validity of the Agreement, to perform a standard credit check. Turner Pest reserves the right to terminate the Agreement in the event of a poor credit rating or demand acceptable security or advance payment for continued delivery.

1. Indemnification
   1. Customer shall indemnify, defend and save harmless Turner Pest and its

parent, subsidiaries and affiliates and their respective officers, directors and employees, agents and assignees from any and all claims, injuries, loss, damages or lawsuits, including attorney’s fees, arising out of or in connection with, the performance of this Agreement, except for claims, injuries, loss, damages or lawsuits caused solely by the negligence of Turner Pest, its employees, contractors or agents.

1. General Terms
   1. Non-waiver

The failure or delay of Turner Pest to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by Turner Pest, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion; and no concession by American Pest shall be treated as an implied modification of the Agreement unless specifically agreed in writing.

1. Entire Agreement

This Agreement constitutes the entire agreement, and there are no oral or other representations regarding the subject of this Agreement that are binding on either party. All changes to this Agreement must be made in writing, signed by both parties. It is understood and agreed that email correspondence shall not constitute “a writing” to this agreement unless expressly included herein.

1. Disputes

The parties agree that any disputes that may arise as a result of this Agreement or the provision of products or services as a result of this Agreement will first be attempted to be resolved through discussion between the parties. If the dispute cannot be resolved on terms satisfactory to both parties, the parties shall in good faith enter into mediation to resolve the dispute. The mediator will be agreed to by all parties, and all costs associated with the mediator, including but not limited to the mediator’s fee, shall be shared equally between all parties. Upon failure to mediate and resolve any such disputes in good faith, the parties may resolve the dispute through litigation. The laws of the State of Florida shall govern the validity, construction, and effect of this Agreement. All lawsuits arising out of this Agreement, wherever derived, shall be resolved in Duval County, Florida and decided pursuant to the laws of the State of Florida. Customer is responsible for its own legal fees, including but not limited to attorney’s fees.

1. Equipment; Data; Intellectual Property Rights

6.1 Some Turner’ Equipment has an integrated system where Data (including information regarding the use and performance of the Turner’ Equipment, such as but not limited to equipment failures, observations of equipment performance, measurement data, sensor levels) is stored automatically. Such Turner’ Equipment may digitally send, upload, communicate or transmit Data to Turner for use by Turner

6.2 All Data relating to the Service is owned by Turner.

6.3 Turner may use Data for any purpose including but not limited to provide and manage the Service, statistical purposes, development of the Service, Turner’ Equipment and other Turner products or services, research and marketing. To the extent that personal data of Customer’s users is included in the Data, Turner will not share or disclose personally identifying information of Customer’s users except as required to provide the Service and to comply with applicable laws.

6.4 All Intellectual Property Rights in, the Service, Data and/or Turner’ Equipment is and remains the property of the Turner (and its licensors).

6.5 If the Customer provides Turner with ideas, comments or suggestions relating to the Service and/or Turner’ Equipment all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, services, methods, enhancements, modifications or derivative works), are owned solely by Turner and Turner may use or disclose the feedback for any purpose.

6.6 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from Turner to the Customer.