NOTICE OF CANCELLATION. You may cancel this transaction, without penalty or obligation, within five (5) business days from the date on which you agree to purchase seller’s service. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty (20) days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, to TruGreen Corporate Customer Care, 1790 Kirby Parkway Memphis, TN 38138, or call 1-800-TRUGREEN, not later than midnight of the fifth (5) business day following the date on which you agree to this transaction.

CONTINUOUS SERVICE. To optimize the effectiveness of your program, it is important to apply the right products at the right time. For this reason, your program continues from year to year without any action on your part. At the end of each season, we may remind you that your program will resume in the coming year, and we may also give you an opportunity to save money by prepaying for next year’s program. Remember, even if you choose not to PrePay, your program will resume unless you or we cancel. 

PRICING. From time to time, upon written notice to you, TruGreen may amend this agreement, including by implementing a price increase for the services in your plan. If TruGreen does not hear from you within ten (10) days of such proposed amendment, the amendment shall become final. Current year discounts may not apply in subsequent years. 

SATISFACTION GUARANTEE. TruGreen will gladly visit your property as needed between scheduled visits to ensure your satisfaction. Guarantee applies to full program customers only. Excludes TruBasic and partial programs. Additional restrictions may apply. 

TREE AND SHRUB DISCLAIMER. TruGreen® Tree & Shrub includes fertilization of common trees and shrubs, and controls common foliar insects and diseases. It does not include treatment of specialty trees such as fruit or certain ornamentals, or assessment and treatment of trees over 25 ft. in height. Control of boring insects and certain diseases cannot be guaranteed. Visit http://www.trugreen.com/FAQTREE

PEST SERVICES DISCLAIMER. TruGreen's standard pest programs do not offer control of Fire Ants. Please contact your local branch to add this service. Availability varies by geography. 

CANCELLATION. Your program will continue, year after year, until you or we cancel. Notwithstanding any other terms herein, You or TruGreen may cancel this agreement at any time without penalty. 

COST OF SERVICES/BILLING. Unless you choose the Pre-Payment billing option, you will be billed for the cost of each service after it occurs. The cost of services in your plan may vary, but your annual billing will not exceed the Total Annual Investment for your plan unless otherwise amended as set forth herein. Current year discounts may not apply in subsequent years. Payment is due upon receipt. 

ADDITIONAL COMMUNICATION. Communications from TruGreen which accurately reflect the terms of this Agreement, and communications reflecting agreed upon modifications and/or amendments are hereby incorporated by reference. 

CHECK PROCESSING POLICY ACH. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. If we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. RETURNS: In the event that your payment is returned unpaid, you authorize us the option to collect a fee as allowed by law through an electronic fund transfer from your account. For any checks returned for insufficient funds, we will charge you a $20.00 fee. 

NON-PAYMENT/DEFAULT. The obligation of TruGreen hereunder is conditioned upon payment in full of all service charges, and failure to pay such charges shall cancel this Plan in its entirety and discharge TruGreen of any contractual obligation. 

EASYPAY AGREEMENT. In payments for services performed by TruGreen I (we) hereby authorize you to initiate debit entries to my (our) specified account within five (5) business days after my (our) service as indicated in the Sales Agreement has been performed, and to debit the same to such account. This authorization will remain in effect until I (we) notify you in writing to cancel it in such time as to afford the financial institution a reasonable opportunity to act upon that notification. I (we) understand that cancellation of this authorization does not cancel my (our) service agreement or my responsibilities there under. 

PREPAYMENT AGREEMENT. If you elect to PrePay for some or all of your TruGreen services, you acknowledge and agree that depletion of your prepayment funds is not an automatic cancellation of your account and that services, including those containing the application of pesticides, will continue after your prepayment funds are depleted unless you contact TruGreen to cancel your account. If your prepayment funds are depleted, you authorize TruGreen to convert your account to EasyPay status using the same debit/credit card or bank account used for your prepayment and to charge your debit/credit card or bank account for the cost of each service after it is performed. 

SEVERABILITY. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect.

CONTACT INFORMATION. By providing my personal information, including phone number, I consent to: (1) receive autodialed marketing and non-marketing calls, texts and prerecorded messages from TruGreen (message and data rates may apply); and (2) TruGreen's Privacy Policy and these Terms and Conditions (including arbitration provision and class action waiver). California residents, see TruGreen's California Privacy Notice. I understand that my consent is not required to obtain a quote or purchase TruGreen services and that the cancellation of that account does not automatically revoke this consent.

CLASS ACTION WAIVER. Any Claim must be brought in the party’s individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, mass joinder or similar basis (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including, but not limited to, any action based on federal, state, or local privacy, marketing, telemarketing, debt collection, or other consumer protection laws. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE AS A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.

MANDATORY ARBITRATION. Purchaser and TruGreen agree that any claim, dispute or controversy (“Claim”) between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement including but not limited to any tort or statutory Claim shall be resolved by neutral binding arbitration by the American Arbitration Association (“AAA”), under the Commercial Arbitration Rules or Consumer Arbitration Rules of the AAA, as applicable, in effect at the time the Claim is filed (“AAA Rules”). AAA Rules and forms may be obtained and all claims shall be filed at any AAA office, www.adr.org or by calling 1-800-778-7879. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, but the arbitration fees and arbitrator compensation shall be payable as provided in the AAA Rules. If the amount in controversy is less than $10,000, the arbitration will be conducted on the basis of written submissions only. If the amount in controversy is $10,000 or more but less than $100,000, the arbitration will be conducted in-person before a single arbitrator without the option for appeal. If the amount in controversy is $100,000 or more, the arbitration will be conducted in-person before a panel of three arbitrators without the option for appeal. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which Purchaser resides. The parties may mutually agree to hold any in-person hearing via synchronous video conference. The arbitrator’s decision will be accompanied by a written reasoned opinion. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this agreement will be brought on an individual basis and will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or person, and will not proceed as a class action or private attorney general action. The foregoing prohibition on consolidated, class action and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. 9 U.S.C Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration agreement or of the arbitrator’s award. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION AND WAIVE THEIR RIGHT TO A JURY TRIAL, TO BRING A CLASS ACTION, OR TO HAVE THEIR CLAIMS JOINED WITH THE CLAIMS OF OTHERS. 

ADDITIONAL RULES FOR MASS ARBITRATION. If twenty-five (25) or more similar Claims are asserted against TruGreen by the same or coordinated counsel or are otherwise coordinated (and Purchaser’s claim is one such Claim), Purchaser and TruGreen agree that these additional procedures set forth in this subsection will apply. Purchaser and TruGreen also understand and agree that, such event, the resolution of the Claim might be delayed. 

Purchaser and TruGreen also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for TruGreen shall each select ten (10) Claims (per side) to proceed first in individual arbitration proceedings as part of a staged process. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those Claims until they are selected to proceed to individual arbitration proceedings as part of the staged process. Notwithstanding any provision to the contrary, a single arbitrator shall preside over each Claim. Only one Claim may be assigned to each arbitrator as part of the staged process unless the parties agree otherwise. If the parties are unable to resolve the remaining Claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and TruGreen shall pay the mediator's fee. 

If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) Claims (per side) to proceed to individual arbitration proceedings as part of a second staged process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining Claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those Claims until they are selected to proceed to individual arbitration proceedings as part of the staged process. Notwithstanding any provision to the contrary, a single arbitrator shall preside over each Claim. Only one Claim may be assigned to each arbitrator as part of the staged process unless the parties agree otherwise. If the parties are unable to resolve the remaining Claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and TruGreen shall pay the mediator's fee. 

If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) Claims proceeding at one time that are selected randomly or by the AAA in staged sets, until all the Claims included in these coordinated filings, including Purchaser’s Claim, are adjudicated or otherwise resolved. Between staged sets of proceedings, TruGreen agrees to participate in a global mediation session should the coordinated counsel request it in an effort to resolve all remaining Claims. 

1. Any applicable limitations periods (including statutes of limitations) and any arbitration fee deadlines shall be tolled for Claims subject to these additional procedures from the time the first Claims are selected to proceed until the time Purchaser’s Claim is selected, withdrawn, settled, or otherwise resolved. 
2. Each arbitrator shall endeavor to issue their award within 120 days of their appointment or as swiftly as possible while ensuring fairness to the parties. 
3. Counsel for the parties will meet and confer throughout this process in an effort to informally resolve the remaining Claims, streamline procedures, address the informal exchange of information, modify the number of Claims to be adjudicated in any given set of staged proceedings, and ensure the process remains fair and efficient for all parties. 
4. A court of competent jurisdiction will have the authority to enforce this “Additional Procedures for Mass Arbitration” section of the Arbitration Agreement, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of AAA fees.

This subsection and each of its requirements are intended to be severable from the rest of this Mandatory Arbitration section.  If, after exhaustion of all appeals, a court of competent jurisdiction decides that the staging process in this subsection is not enforceable, then the Claims may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.  Purchaser and TruGreen also agree that should the staging process in this subsection be deemed not enforceable as set forth above, counsel for the parties will work together in good faith, including with the assistance of a process arbitrator, to develop streamlined procedures for the adjudication of Claims to reduce the costs and maximize the efficiency of arbitration.

PRIVACY POLICY. For information about how we collect and use personal information, visit our Privacy Policy. California residents, please see our California Privacy Notice.