The following website terms and conditions (the “Terms of Use”) explain and govern all access to and use of the BoarBuster™ website located at www.boarbuster.com, providing information, materials and user access for the BoarBuster™ System and BoarBuster™ Consumer Product Web Site (the “Site”). In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
EACH TIME YOU USE OR CAUSE ACCESS TO THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, MATERIALS, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES, MATERIALS, CONTENT OR OTHER INFORMATION. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THIS SITE.
We also reserve the right to modify these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use each time you use or cause access to this Site and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
All features, content, specifications, products, services and prices of products and services, including but not limited to web and smart phone based services and cellular data services, described or depicted on this Site are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, other than a limited one year product warranty offered by the manufacturers of the trap and camera extended by W-W Manufacturing Co., Inc. to you allowing the replacement or repair of the trap and camera for a period of one year and which can be found at the boarbuster.com website, and are subject to change at any time without notice. Certain weights, measurements, attributes of products, web and data services and other similar descriptions are provided for convenience purposes only. The inclusion of any products or services of any kind in this Site at a particular time does not imply or warrant that these products or services will be available at any time. By using this Site and purchasing BoarBuster™ data related services, you expressly hereby acknowledge your acceptance of the Privacy Policy and you hereby agree to be bound by the BoarBuster™ Terms of Service Agreement available at boarbuster.com website.
We exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Site and its materials and services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for timeliness, deletion, failure to store, inaccuracy or improper deliver of any data or information.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks, including cellular data networks, you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions and/or cellular data transmissions are completely beyond our control.
The information we obtain through your use of this Site is subject to our Privacy Policy located at www.boarbuster.com, which is specifically incorporated by reference into these Terms of Use. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We shall have no obligations to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material We deems inappropriate or unacceptable.
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data or other information, that:
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by users of this Site. Our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
Creating or maintaining any link from another Web site to any page on this Site without our prior written consent is prohibited. Running or displaying this Site or any material displayed on this Site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations.
Goods and services of third parties are advertised and/or made available on or through this Site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
The trademarks, service marks, logos, icons and graphics (collectively the “Marks”) appearing on this Site are registered and unregistered Marks owned by us or other third parties. Nothing in these Terms of Use grants you any right to use any of the Marks.
The contents of all materials on this Site are subject to copyrights owned by us and other copyright owners. Any reproduction, retransmission or republication of all or part of any graphic images, material or documents found on this Site is expressly prohibited, unless we or the copyright owner of the material has expressly granted its prior written consent to reproduce, retransmit or republish the material. All other rights are reserved.
You understand and agree that your use of this Site and any products or services offered on the Site, including web or cellular services or content provided, are made available and provided to you at your own risk. We make no representations and disclaim all warranties, express or implied, including but not limited to: warranties of title, non-infringement, merchantability and fitness for a particular purpose.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. OTHER THAN A LIMITED ONE YEAR PRODUCT WARRANTY PROVIDED BY W-W MANUFACTURING CO., INC. TO YOU,THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS SITE. WE MAY MAKE CHANGES TO ANY PRODUCTS OR SERVICES OFFERED ON THE SITE, OR TO THE APPLICABLE PRICES FOR ANY SUCH PRODUCTS OR SERVICES, AT ANY TIME, WITHOUT NOTICE. THE MATERIALS ON THIS SITE WITH RESPECT TO PRODUCTS AND SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS ON THE SITE WITH RESPECT TO SUCH PRODUCTS AND SERVICES.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. Some states or jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
We do not assume any responsibility, and shall not be liable for any damages to or viruses that may infect your computer, telecommunication equipment, mobile devices or other property caused by or arising from your access to, use of or browsing this Site or your downloading of any materials from this Site. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTYIN ACCORDANCE WITH THE WARRANTYPROVIDED BY SUCH MANUFACTURER OR SUPPLIER, IF ANY. THERE ARE NO REFUNDS OR ALLOWABLE RETURNS FOR PRODUCTS AND SERVICES OFFERED ON THIS SITE, INCLUDING BUT NOT LIMITED TO: (1) THE TRAP SYSTEM, THE CAMERA, (2) THE MONTHLY DATA SERVICE, (3) PRORATED MONTHLY DATA SERVICE, OR (4) ADDITIONAL MINUTES PURCHASED. IN THE EVENT A MONTHLY DATA SERVICE CUSTOMER’S CREDIT CARD IS UNABLE TO CHARGE ON THE RENEWAL DATE, THE CUSTOMER WILL BE UNSUBSCRIBED FROM THEIR SERVICE PLAN.
Some states or jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this Site or service, your violation of this Terms of Use, our Terms of Service, our Privacy Policy or any other violation of the rights of another person or party.
Although this site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in all locations outside the United States Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any other third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
You agree that this Terms of Use, and any dispute arising out of your use of this Site or products or services offered through the Site shall be governed by and construed in accordance with laws of the State of Oklahoma, without regard to its conflict of law provisions. Any legal proceeding related to this Terms of Use, or our Terms of Service and Privacy Policy located at www.boarbuster.com, shall be brought in Federal or State court sitting in the City of Tulsa, Oklahoma, and we and you hereby consent to the exclusive jurisdiction of such court for this purpose.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. Our Terms of Service and Privacy Policy located at the boarbuster.com website also govern and apply to your use of the Site, and are incorporated herein by this reference,
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE.
By using any monthly or yearly cellular data and internet web subscription based services associated with the BoarBuster™ System or BoarBuster™ Consumer Product available through the boarbuster.com website (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE MONTHLY OR YEARLY DATA AND WEB BASED SERVICES.
If we make material changes to these Terms of Service, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including any release of new tools or resources, shall be subject to this Terms of Service, Website Terms of Use, Website Privacy Policy, and Mobile Device Terms of Use, all located at www.boarbuster.com, which you hereby agree to be bound by and which are specifically referenced and incorporated herein. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your BoarBuster™ user account. You agree to use the Service at your own risk.
ACCOUNT TERMS
You must be 18 years of age or older to use this Service.
You must be acting individually as a human or on behalf of a legal entity.
If you are entering this agreement on behalf of a legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access our services through your user account to these Terms of Service, in which case the terms “you” and “your” shall refer to such entity, and any affiliates and users associated with it.
You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your user account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Do not reveal your account identification or passwords to anyone else. Your BoarBuster™ account may be at risk if you let someone use this information inappropriately.
You are responsible for all content posted and activity that occurs under your user account (even when content is posted by others who have accounts under your user account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark related laws and regulations).
PAYMENT
All paid plans must enter a valid payment account.
Our monthly and yearly cellular data and internet web based Service offerings are provided on a prepaid subscription basis only. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months or years of service or refunds for months or years unused with an open account. In order to treat everyone equally, no exceptions will be made.
The cost of the Service is based on the number of cameras active on the customer’s renewal date. The monthly fee for each camera includes 100 minutes of live streaming video per camera (a user with two cameras will receive a total of 200 minutes that can be used for just one camera, or both cameras). The yearly fee for each camera includes 1200 minutes of live streaming video per camera (a user with two cameras will receive a total of 1200 minutes that can be used for just one camera, or both cameras). Minutes used during a 30 day or 365 day subscription period are not carried over to subsequent 30 day or 365 subscription periods respectively. In other words, minutes not used during a one month/30 day period for monthly subscribers or during a one year/365 day period for yearly subscribers are lost.
After the 100 minutes for monthly plan subscribers or 1200 minutes for yearly plan subscribers have been exhausted, for a particular camera or cameras, users will no longer have the ability to stream video through the Service, and therefore, will also be unable to drop or otherwise activate their BoarBuster™ trap during the remainder of the applicable 30 day or 365 day term.
upon exhausting minutes during the applicable 30 or 365 day term, users have the ability to pay an additional one-time fee to receive additional minutes the then current rates. These additional minutes, if purchased, will not be carried over to subsequent 30 day or 365 day subscription periods. Additional minutes not used during the subsequent 30 day or 365 day period are lost.
If a user adds an additional camera during any 30 day term, the additional camera will share the pool of minutes among the already existing camera(s) during that initial 30 day term. If a user adds an additional camera during any 365 day term, upon successful payment, the users account will immediate be created the full yearly allowance of minutes. Upon the subsequent renewal period, the user will be billed for Service fees associated with all cameras and the users on a monthly subscription will then receive the increased pool of minutes associated with all of the users cameras.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
For any change in pricing during a monthly or yearly billing cycle, the credit card that payment method you provided will automatically be charged or invoiced the new rate on your next billing cycle.
Monthly billing, for monthly plan subscribers only, will continue, and credit card charges will be incurred, on the monthly renewal date which will be the same day each month (or the last day of the month if applicable) as the initial subscription. In the event the initial subscription was initialized on the 31st of the month and subsequent renewal months do not contain 31 days, the last day of the month will be utilized as the renewal date for that particular month and the credit card charges will be incurred on the last day of the month for those months.
CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time at the www.Boarbuster.com website by clicking on the “Account” link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
All of your content (e.g., pictures and videos stored in conjunction with the Service) will be deleted after sixty (60) days following a cancellation or termination of the initial term or renewal term.
If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect at the end of the applicable 30 day or yearly initial term or renewal term and you will not be charged again.
We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Boarbuster service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your user account or your access to your user account, and the forfeiture and relinquishment of all content in your user account. We reserve the right to refuse service to anyone for any reason at any time.
In the event we take action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to, monthly and yearly subscription plan fees to the Service, are subject to change upon a 30 day notice from us. Such notice may be provided at any time by posting the changes to the www.boarbuster.com website or the Service itself.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
GENERAL CONDITIONS
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Your ability for you to receive the Service is heavily dependent upon cellular coverage in your area. We cannot guarantee cellular coverage is available in all areas. It is your responsibility to check with the applicable cellular data provider to determine if that particular cellular data service is available, at the power levels required, in order to receive and fully utilize the Service.
Support for the Service is available in English, via email only.
You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service.
You must not modify, adapt or hack the Service so as to falsely imply that it is associated with the Service, or any other Boarbuster related product or service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt technical requirements of connecting networks or devices.
We do not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through or relating to the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service, (ii) the cost of procurement of substitute products and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any third-party on the Service or related Boarbuster.com website, (v) or any other matter relating to the Service.
The failure by us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and your use of the Service are governed under Oklahoma law.
Questions about the Terms of Service should be sent to .