Terms of Service

Introduction

This website (“Site”) is owned and operated by BOOM BAITS LLC (as defined below). The Site provides information about our brand and products, suggestions on the best way to use the products, and information on where to purchase our products (“Services”).

THESE TERMS OF USE (“TERMS”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH BOOM BAITS AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

BOOM BAITS may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications.

NOTIFICATION OF ARBITRATION CLAUSE AND
CLASS ACTION/JURY TRIAL WAIVER

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS set forth BELOW.

Definitions

“Agreement” means these Terms & Conditions.
“Personally Identifiable Information” means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, and the like.
“Person” means a natural person, entity, association or organization, unless otherwise specified.
“Website” or “site” means any and all pages of the website (individually and collectively) you are viewing at the moment.
“User” or “you” or “your” refers to any and all natural persons, entities, associations and/or organizations who visit, create an account with, access or use this Website in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods and services offered on this Website.

 

Security

Any communication you make on this Website or over the Internet, whether sent via e-mail, via a form on the Website, etc., should be regarded as an insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted.
Refusal & Termination of Service

You agree to abide by the Agreement. BOOM BAITS reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.

 

License to Use the Website

BOOM BAITS grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive license to use the software, content, and documentation which it owns or of which it is a licensee for the limited purposes accessing, exploring, and using the Website in real time in a manner consistent with this Agreement.

 

Intellectual Property Rights in the Website

Unauthorized duplication of this Website, in whole or in part, or of any plans, designs, specifications, data or content made available from the Website (except as expressly authorized herein) is a violation of the Copyright Act of 1976.
Copyrights

Unless otherwise stated, BOOM BAITS owns the copyright interests in this Website and is the owner or a licensee of the plans, designs, specifications, data, and content hereon, including, without limitation, all text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws. You may display and download portions of the Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the BOOM BAITS Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law.

Notice and Procedure for Making Claims of Copyright Infringement
Notice of Claimed Infringement

Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to BOOM BAITS:

BOOM BAITS
PO Box 261
Cresson, Tx 76035

To be effective, the notification must be a written communication that includes the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
(iii) A reasonably detailed description of where the alleged infringing material is located on this website;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice

If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:

(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cook County, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Submissions

BOOM BAITS values and encourages feedback. Pursuant to BOOM BAITS’ policy, however, we do not accept or consider creative ideas, suggestions, or materials. If you choose to send any creative submissions to us, whether at BOOM BAITS’ request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to BOOM BAITS any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefor, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. BOOM BAITS shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.

 

User Representations & Warranties

You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Website, goods, and services in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Website, goods, and services offered by BOOM BAITS and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Website; (ii) to maintain and update your information to keep it secure, true, accurate, current, and complete, and (iii) you will not upload, post or otherwise make available any content or material on this site that infringes any rights of anyone.
You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13.

Governing Law, Jurisdiction, & Venue; Arbitration

Any disputes arising under or related to the Agreement and/or the Website shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles, and without regard to the United Nations Convention on the International Sale of Goods, the application of which is hereby disclaimed.
Except as may be set forth in any Customer Purchase Agreement, all disputes arising under or relating to the Agreement and/or the Website, shall be submitted to and resolved by binding arbitration in Tarrant County, Texas, and any award shall be confirmed exclusively by a court of competent jurisdiction situated in Tarrant County, Texas. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Tarrant County, Texas and the Northern District of Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and you hereby irrevocably waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Construction Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. The arbitrator shall award reasonable and necessary attorney’s fees and costs to the prevailing party. To the extent of any conflict or inconsistency between these Terms & Conditions and any Customer Purchase Agreement, the jurisdiction and venue set forth in such Customer Purchase Agreement shall control. All other terms hereof shall remain the same and apply with equal force to the Customer Purchase Agreement.

 

WAIVER OF CLASS ACTION/JURY TRIAL

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BOOMB BATIS LLC, AND ITS PARENT COMPANY (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “BOOM BAITS ENTITIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO ANY OF YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR VISITATION, USE OR MISUSE OF THIS SITE OR ANY GOODS, SERVICES, MATERIALS, DATA, INFORMATION, AND OTHER CONTENT OFFERED OR MADE AVAILABLE ON THIS SITE, AND ANY GOODS OR SERVICES AND/OR SOLD BY BOOM BAITS. THE BOOM BAITS ENTITIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT THE BOOM BAITS ENTITIES’ RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT THE BOOM BAITS ENTITIES’ PRIOR WRITTEN APPROVAL, WHICH MAY BE WITHHELD AT ITS SOLE DISCRETION.

 

LIMITATION OF LIABILITY

WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF BOOM BAITS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF, AS APPLICABLE, (1) THE PRICE OF THE PRODUCTS PURCHASED BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT OR (2) FIFTY DOLLARS ($50).
IN NO EVENT WILL BOOM BAITS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVIED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NO REPRESENTATIONS OR WARRANTIES

Your use of the Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies, outdated information and typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY.ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.