To the fullest extent permitted by law, Ridtek Inc. will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages, arising from the services provided.  In this regard, Customer assumes all liability and responsibility for any loss or damage, whether it be to Ridtek Inc., to Customer or to third parties, arising out of the chemical treatment and services described herein in any way, including environmental damages to property, bodily injury or death. Customer hereby assumes all liability for, and agrees to indemnify and hold harmless Ridtek Inc., its agents, employees, successors and assigns from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, demands, penalties, losses, injuries, obligations and liabilities of whatsoever kind and nature including, without limitation, attorney’s fees, arising out of, connected with, or resulting from the application, delivery, possession, use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Customer or Ridtek Inc.), ownership, selection of the chemical treatment and services described herein. The indemnities and assumptions of liabilities and obligations provided for herein shall continue in full force and effect notwithstanding the expiration or other termination of this Agreement.  Finally, there is no guarantee of efficacy of treatment.

In the event that Ridtek Inc. retains counsel in order to enforce this Contract or to defend any action brought by or on behalf of the Customer or to recoup any payment due to Ridtek Inc., Customer shall pay Ridtek Inc. all of its costs, including, but not limited to, its actual attorney fees, incurred to enforce this Contract or to pursue any rights hereunder.

Miscellaneous.(a) This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Ohio with any legal action to be instituted in Lake County, Ohio.  (b) This Agreement shall not be altered except by a written amendment signed by the parties hereto.  (c) This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties, their successors, heirs, personal representatives and assigns.  (d) This Agreement may be executed in several counterparts, each of which when so executed will be deemed an original for all purposes, and signatures transmitted by facsimile or electronically shall be accepted as original signatures.  (e) If any provision of this Agreement is deemed invalid, illegal, or unenforceable, then notwithstanding such determination, the remainder of this Agreement will subsist and will be in full force and effect as though such invalid, illegal or unenforceable provision had been omitted from this Agreement.  (f) The Section headings appearing in this Agreement have been inserted for the purpose of convenience and reference.  They do not purport to, and will not be deemed to, defend, limit or extend the scope or intent of the clauses to which they apply, and they will not be considered in construing the terms of this Agreement. (g) The Parties acknowledge that each party has had an opportunity to review this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement (including any exhibits hereto or any amendments thereto) and the same shall be construed neither for nor against Customer or Ridtek Inc., but shall be given a reasonable interpretation in accordance with the plain meaning of its terms and the intent of the parties.  (f) Neither party shall be in default hereunder if the party is prevented from performing any of its obligations hereunder due to a Force Majeure Delay including, but not limited to any delays as a result of: pandemics, governmental shutdowns, strikes, lockouts or labor disputes; inability to obtain labor or materials or reasonable substitutes therefor; acts of God, hurricanes, blizzards or other adverse weather conditions; governmental actions or inactions; condemnation; civil commotion; fire or other casualty; or any other conditions beyond the reasonable control of the party obligated to perform.  (g) Neither Ridtek Inc. nor Customer may assign their rights or obligations hereunder.

Material warranties are solely those of the manufacturers of the Chemical Treatment specified. Customer agrees to look solely to those manufacturers for all warranty claims. Customer further agrees that Ridtek Inc. shall not be responsible for any consequential damages arising as a result of the failure or misuse of any chemical treatment.

RIDTEK INC., NOT BEING THE MANUFACTURER OF THE CHEMICAL TREATMENT PURCHASED HEREIN, NOR THE MANUFACTURER’S AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER WITH RESPECT TO THE CHEMICAL TREATMENT  HEREIN, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY OF THE CHEMICAL TREATMENT OR ITS/THEIR RESPECTIVE FITNESS FOR ANY PARTICULAR PURPOSE/USE, THE DESIGN OR CONDITION OF THE CHEMICAL TREATMENT, THE QUALITY OR CAPACITY OF THE CHEMICAL TREATMENT AND/OR THE COMPLIANCE OF THE CHEMICAL TREATMENT WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION, OR CONTRACT PERTAINING THERETO, AND CUSTOMER AGREES THAT IT IS PURCHASING THE CHEMICAL TREATMENT AS DESCRIBED HEREIN “AS-IS”.  CUSTOMER HEREBY ACKNOWLEDGES THAT RIDTEK INC. HAS NOT MADE ANY WARRANTIES OR REPRESENTATIONS, ORAL OR OTHERWISE.

Ridtek Inc. and Customer hereby agree and acknowledge that Ridtek Inc. is exempt from the Ohio Home Solicitation Sales Act (“OHSSA”) under the exemption detailed at O.R.C. 1345.21(4) and further agree that Customer initiated the contact with Ridtek Inc. for purposes of the services provided in writing.

Under no circumstances will Ridtek Inc. be responsible for any injury, disease or illness caused, or allegedly caused, by bites, stings or contamination of Bed Bugs or any other insects, spiders, rodents, or beetles located within the structure to be treated. Ridtek Inc. representatives are not medically trained to diagnose bed bug borne illnesses, disease, or bites and have made no representations related to such health or medical matters. Customers are encouraged to consult a physician for any medical diagnosis. To the fullest extent permitted by law, Ridtek Inc. will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages, arising from the services.

I agree that: (1) in the event that Ridtek Inc. retains counsel in order to enforce this Agreement or any Agreement you have signed with Ridtek Inc. to defend any action brought by or on behalf of the Customer or to recoup any payment due to Ridtek Inc., Customer shall pay Ridtek Inc. all of its costs, including, but not limited to, its actual attorney fees, incurred to enforce this Agreement or to pursue any rights under any Agreement you signed with Ridtek Inc. and (2) all Agreements you signed with Ridtek Inc. are a part of this Agreement and incorporated herein.