WILDLIFE DOMINION MANAGEMENT, LLC/BOARBUSTER® PORTAL

TERMS OF USE

Last Updated: June 13, 2017

These Terms of Use are entered into by and between you and Wildlife Dominion Management, LLC (“Wildlife Dominion”). The following terms and conditions, together with any documents expressly incorporated by reference herein (collectively, the “Terms of Use”), govern your access to and use of, including any content, functionality, and services offered on or through boarbuster.wwmanufacturing.com (collectively the “BoarBuster® Portal”), including, but not limited to, the BoarBuster® Camera System, whether as a visitor or registered user.

Please read the Terms of Use carefully before you start to use the BoarBuster® Portal. By using the BoarBuster® Portal, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the BoarBuster® Portal.

The BoarBuster® Portal is offered and available to users who are not minors, are permitted to legally work in the United States, and reside in the United States or any of its territories or possessions. By using the BoarBuster® Portal, you represent and warrant that you are of legal age to form a binding contract with Wildlife Dominion and meet all the foregoing eligibility requirements. If you do not meet all the foregoing requirements, you must not access or use the BoarBuster® Portal.

Changes to the Terms of Use

Wildlife Dominion may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the BoarBuster® Portal thereafter except as otherwise provided herein.

Your continued use of the BoarBuster® Portal following the posting of revised Terms of Use means that you accept and agree to all the changes. You are expected to check this page from time to time so you are aware of any changes, which will be binding on you.

Accessing the BoarBuster® Portal and Account Security

Wildlife Dominion reserves the right to withdraw or amend the BoarBuster® Portal, and any service or material Wildlife Dominion provides on the BoarBuster® Portal, or any service or material provided through the BoarBuster® Portal, including access to the BoarBuster® Camera System and / or the BoarBuster® Portal, may also be withdrawn or amended in Wildlife Dominion’s sole discretion without notice. Wildlife Dominion will not be liable if for any reason all or any part of the BoarBuster® Portal is unavailable at any time or for any period. From time to time, Wildlife Dominion may restrict access to some parts of the BoarBuster® Portal or the entire BoarBuster® Portal.

You are responsible for making all arrangements necessary for you to have access to the BoarBuster® Portal and ensuring that all persons who access the BoarBuster® Portal through your internet connection are aware of these Terms of Use and comply with them.

To access the BoarBuster® Portal or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the BoarBuster® Portal that all the information you provide on the BoarBuster® Portal is correct, current, and complete. You agree that all information you provide to register with the BoarBuster® Portal or otherwise is governed by our Privacy Policy, and you consent to all actions Wildlife Dominion takes with respect to your information consistent with our Privacy Policy.

Your use of the BoarBuster® Portal’s resources allows you to benefit from the BoarBuster® System licensed by W-W Manufacturing Co., Inc. (“W-W”). In contemplation of the same, you further acknowledge and agree that all data and other images and information gathered by or through the use of the BoarBuster® Portal and/or the BoarBuster® Camera Systems belongs to Wildlife Dominion and W-W, and that those entities are free to use the said data, images and information for any and all purposes not prohibited by law. If you do not agree to the foregoing, you may not access the BoarBuster® Camera System and / or BoarBuster® Portal.

Your user name and password, and any other information you choose or are provided with as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the BoarBuster® Portal or portions of it using your user name, password, or other security information. You agree to notify Wildlife Dominion immediately of any unauthorized access to or use of your user name or password, or of any other breach of security. You also agree to ensure that you exit from your personal account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Wildlife Dominion reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by Wildlife Dominion, at any time in our sole discretion for any or no reason, including if, in Wildlife Dominion’s opinion, you have violated any provision of these Terms of Use.

Terms of Sales

By purchasing a wireless and connectivity plan (a “Plan”) through the BoarBuster® Portal, you accept and are bound by these terms and conditions. You may not order or obtain a Plan from the BoarBuster® Portal if you (a) do not agree to these terms, (b) are not of legal age to form a binding contract with Wildlife Dominion, or (c) are prohibited from accessing or using the BoarBuster® Portal or any of the BoarBuster® Portal’s contents, goods, or services by these Terms of Use and/or applicable law.

You agree that your order of a Plan through the BoarBuster® Portal is an offer to buy, under these terms, the Plan listed in your order. All orders must be accepted by Wildlife Dominion, and Wildlife Dominion is not obligated to sell a Plan to you. Wildlife Dominion may choose not to accept any orders in its sole discretion. Acceptance of your order and the formation of the contract of sale between Wildlife Dominion and you will not occur until you have received e-mailed confirmation of acceptance of your order from Wildlife Dominion.

Prices posted on the BoarBuster® Portal are subject to change without notice. The price charged for a Plan will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to charges accruing after such changes are posted on the BoarBuster® Portal. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and itemized in your shopping cart and order confirmation e-mail. Wildlife Dominion is not responsible for pricing, typographical, or other errors in any offer by it and it reserves the right to cancel any orders arising from such errors.

Terms of payment are within the sole discretion of Wildlife Dominion and, unless otherwise explicitly agreed, payment must be received by Wildlife Dominion before it will accept an order. You represent and warrant that (a) the credit card information you supply to Wildlife Dominion is true, correct, and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Your purchase of a Plan through the BoarBuster® Portal constitutes an agreement to be bound by any terms of use or privacy policies of any payment service used by Wildlife Dominion in facilitating your transactions. Wildlife Dominion assumes no liability or responsibility for any payments made or received through a third party payment service.

Intellectual Property Rights

The BoarBuster® Portal and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wildlife Dominion, its licensors, or other providers of such material and are protected by state, federal, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as otherwise provided herein, these Terms of Use permit you to use the BoarBuster® Portal for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the BoarBuster® Portal, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

  2. You may store files that are automatically cached by your Web browser for display enhancement purposes;

  3. You may print or download a reasonable number of pages of the BoarBuster® Portal for your own personal, non-commercial use and not for further reproduction, publication, or distribution; or

  4. If we provide social media features, you may take such actions as are enabled by such features.

You must not:

  1. Modify copies of any materials from the BoarBuster® Portal;

  2. Use any illustrations, photographs, video or audio sequences, or any graphics, separately from the accompanying text; or

  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the BoarBuster® Portal.

You must not access or use for any commercial purposes, except as may be otherwise explicitly agreed to by Wildlife Dominion, any part of the BoarBuster® Portal or any services or materials available through the BoarBuster® Portal.

If you wish to make any use of material from the BoarBuster® Portal other than that set out in this section, please contact Wildlife Dominion using the contact information found on the BoarBuster® Portal.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the BoarBuster® Portal in breach of these Terms of Use, your right to use the BoarBuster® Portal will end immediately, and you must, at Wildlife Dominion’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the BoarBuster® Portal or any content on the BoarBuster® Portal is transferred to you, and all rights not expressly granted are reserved as stated herein. Specifically, Wildlife Dominion and W-W retain ownership of all broadcasts and video feeds, whether live or recorded, and those entities have the right to use all such broadcasts and video in any manner, in their discretion, that does not violate applicable law. Any use by you of the BoarBuster® Portal not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Wildlife Dominion and all its related names, logos, product and service names, designs, and slogans are trademarks of Wildlife Dominion or its affiliates or licensors. You must not use such marks without the prior written permission of Wildlife Dominion. All other names, logos, product and service names, designs, and slogans on the BoarBuster® Portal are the trademarks belonging to, and should not be used without the prior written permission of, their respective owners.

Prohibited Uses

You may use the BoarBuster® Portal only for lawful purposes and in accordance with these Terms of Use. You agree not to use the BoarBuster® Portal in any manner that violates any applicable federal, state, local, or international law or regulation.

You additionally agree not to:

  1. Use the BoarBuster® Portal in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the BoarBuster® Portal;

  2. Use any robot, spider, or other automatic device, process, or means to access the BoarBuster® Portal for any purpose, including monitoring or copying any of the material on the BoarBuster® Portal;

  3. Use any manual process to monitor or copy any of the material on the BoarBuster® Portal, or for any other unauthorized purpose, without Wildlife Dominion’s prior written consent;

  4. Use any device, software, or routine that interferes with the proper working of the BoarBuster® Portal;

  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the BoarBuster® Portal, the server on which the BoarBuster® Portal is stored, or any server, computer, or database connected to the BoarBuster® Portal;

  7. Attack the BoarBuster® Portal via a denial-of-service attack or a distributed denial-of-service attack; or

  8. Otherwise attempt to interfere with the proper working of the BoarBuster® Portal.

Monitoring and Enforcement

Wildlife Dominion reserves the right to:

  1. Take any action with respect to any broadcasted or recorded video that Wildlife Dominion deems necessary or appropriate in its sole discretion, including if Wildlife Dominion believes that such video violates the Terms of Use, infringes on any intellectual property right or other right of any person or entity, threatens the personal safety of users of the BoarBuster® Portal or the public, or could create liability for Wildlife Dominion;

  2. Disclose your identity or other information about you to any third party who claims that material in a video violates their rights;

  3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the BoarBuster® Portal;

  4. Terminate or suspend your access to all or part of the BoarBuster® Portal for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Wildlife Dominion has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Wildlife Dominion to disclose the identity or other information of anyone accessing the services of the BoarBuster® Portal. You waive and hold harmless Wildlife Dominion and W-W, and their affiliates, licensees, and service providers from any claims resulting from any action taken by Wildlife Dominion or any of the foregoing parties during, or as a consequence of, investigations by such parties or law enforcement authorities.

Changes to the BoarBuster® Portal

Wildlife Dominion may update the content on the BoarBuster® Portal from time to time, but its content is not necessarily complete or up-to-date. Any material on the BoarBuster® Portal may be out of date at any given time, and Wildlife Dominion is under no obligation to update such material.

Information About You

All information Wildlife Dominion collects on the BoarBuster® Portal is subject to Wildlife Dominion’s Privacy Policy. By using the BoarBuster® Portal, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the BoarBuster® Portal

You may link to the BoarBuster® Portal’s homepage, provided you do so in a way that is fair, legal, and does not damage Wildlife Dominion’s reputation or take advantage of it. You must not establish a link to the BoarBuster® Portal in such a way as to suggest any form of association, approval, or endorsement by Wildlife Dominion without Wildlife Dominion’s express written consent.

You agree to cooperate with Wildlife Dominion in causing any unauthorized framing or linking to stop immediately. Wildlife Dominion reserves the right to withdraw linking permission without notice, and any links may be disabled at any time without notice in Wildlife Dominion’s sole discretion.

Geographic Restrictions

The owner of the BoarBuster® Portal is based in the State of Mississippi, in the United States. Wildlife Dominion provides the BoarBuster® Portal for use only by persons located in the United States. Wildlife Dominion makes no claims that the BoarBuster® Portal or any of its content is accessible or appropriate outside of the United States. Access to the BoarBuster® Portal may not be legal by certain persons or in certain countries. If you access the BoarBuster® Portal from outside the United States, you do so on your own initiative, and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that Wildlife Dominion cannot and does not guarantee or warrant that files available for downloading from the internet or the BoarBuster® Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the BoarBuster® Portal for any reconstruction of any lost data. To the fullest extent provided by law, neither Wildlife Dominion, nor any individual or entity associated or affiliated with Wildlife Dominion, including, without limitation, W-W, will be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the BoarBuster® Portal or any services or items obtained through the BoarBuster® Portal or to your downloading of any material posted on it, or any website linked to it.

Your use of the BoarBuster® Portal, its content, and any services or items obtained through the BoarBuster® Portal is at your own risk. The BoarBuster® Portal, its content, and any services, Plans, or items obtained through the BoarBuster® Portal are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Wildlife Dominion nor any person associated with Wildlife Dominion, including, without limitation W-W, makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the BoarBuster® Portal. Without limiting the foregoing, neither Wildlife Dominion nor anyone associated with Wildlife Dominion, including, without limitation W-W, represents or warrants that the BoarBuster® Portal, its content, or any services, Plans, or items obtained through the BoarBuster® Portal will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the BoarBuster® Portal or the server that makes it available are free of viruses or other harmful components, or that the BoarBuster® Portal or any services, Plans, or items obtained through the BoarBuster® Portal will otherwise meet your needs or expectations.

To the fullest extent provided by law, and except as otherwise explicitly provided by Wildlife Dominion, Wildlife Dominion hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Wildlife Dominion, its affiliates, licensors, and service providers, including, without limitation, W-W, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the BoarBuster® Portal, including but not limited to any use of the BoarBuster® Portal’s content, services, or products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the BoarBuster® Portal.

Governing Law and Jurisdiction

All matters relating to the BoarBuster® Portal and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the BoarBuster® Portal shall be instituted exclusively in the United States District Court for the Northern District of Mississippi or the courts of the State of Mississippi located in Starkville, Oktibbeha County, Mississippi. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

In Wildlife Dominion’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the BoarBuster® Portal, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Mississippi law.

Waiver and Severability

No waiver by Wildlife Dominion of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wildlife Dominion to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Wildlife Dominion regarding the BoarBuster® Portal and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the BoarBuster® Portal.