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16.Authorization to provide service. TruGreen agrees to furnish labor and materials for purposes of this Agreement and is authorized by you to treat the property at the address shown above.You represent
<br /> and warrant to TruGreen that you are the owner of said property,or in the event that you are not the owner of the property tow hich this Agreement applies,you represent and warrant that you have the legal
<br /> authority to execute and bind the owner of the property to the terms and conditions of this Agreement.
<br /> 17. MANDATORY ARBITRATION. Any claim,dispute or controversy,regarding any contract,tort,statute,or other side("Claim"),arising out of relating to this agreement or the relationships among the parties
<br /> hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association("AAA"),under the AAA Commercial or Consumer,as applicable. Rules in effect at the
<br /> time the Claim is filed("AAA Rules"). Copies of the AAA Rules and forms can be located at www.adr.org or by calling 1-800-778-7879. The arbitrator's decision shall be final,binding,and non-appealable.
<br /> Judgment upon the award may be entered an enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal
<br /> Arbitration act. Neither party shall sue the other party other than as provided herein or for enforcement of the clause of the arbitrator's award,any such suit may be brought only in Federal District Court for the
<br /> District or,if any such court lacks jurisdiction,in any state court that has jurisdiction. The arbitrator,and not any federal,state,or local court,shall have exclusive authority to resolve any dispute relating to the
<br /> interpretation,applicability,unconscionability,arbitrability,enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However,the preceding
<br /> sentence shall not apply to the clause entitled"Class Action Waiver."
<br /> 18. CLASS ACTION WAIVER.Any claim must be brought in the parties'individual capacity,and not as a plaintiff or class member in any purported class,collective,representative,multiple plaintiffs,or similar
<br /> proceeding("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any
<br /> Class Acton nor make an award to any person or entity not a party to the arbitration.Any claim that all or part of the Class Action Waiver is unenforceable,unconscionable,void,or voidable may be determined
<br /> only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT,TO HAVE A JUDGE OR
<br /> JURY DECIDE THEIR CASE AND TO BE PARTY TO ACLASS OR REPRESENTATIVE ACTION,HOWEVER,THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY,
<br /> THROUGH ARBITRATION.
<br /> 19. Unless expressly noted otherwise herein,this Agreement and any invoice issued by TruGreen pursuant to the terms hereof,set forth the entire understanding of the parties,and supersede any and all
<br /> proposals,negotiations,representations and prior agreements relating to the subject matter of this Agreement,written or otherwise,including,without limitation any sales agreement previously executed by the
<br /> parties. To the extent that any terms set forth in an invoice should conflict with the terms set forth in this Agreement,this Agreement shall control. No terms,conditions or warranties other than those stated
<br /> herein or in any invoice issued by TruGreen,and no agreements or understanding,oral or written,in any way purporting to modify these conditions shall be binding on the parties hereto unless hereafter made in
<br /> writing and signed by authorized representatives of both parties.
<br /> 20. This customer service Agreement is onlyvalid if accepted by you within 30 days of the date submitted to customer.
<br /> TruGreen Limited Partnership
<br /> TruGreen
<br /> By:
<br /> REPRESENTATIVE/GENERAL MANAGER
<br /> Print Name:
<br /> AUTHORIZED AGENT/CUSTOMER
<br /> Customer Signature:
<br /> AUTHORIZED AGENT/CUSTOMER
<br /> 30
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