Terms of Service

1. Agreement to Terms

Welcome to Boomstick Outdoors LLC (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Services Offered

Boomstick Outdoors provides:

• Long-range hunting instruction and training courses
• Application and scouting services for hunting
• Sale of outdoor gear and equipment through our online shop
• Educational content and resources related to outdoor activities

3. Account Registration

To access certain features of our Services, you may be required to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account and use our Services.

4. Purchases and Payments

Product Orders

When you place an order through our online shop:

• All prices are in U.S. Dollars and subject to change without notice
• We reserve the right to refuse or cancel any order for any reason
• Payment must be received before order fulfillment
• You are responsible for providing accurate shipping information

Course Registration

For hunting instruction courses and services:

• Registration is subject to availability
• Full payment is required to secure your spot
• Cancellation and refund policies are outlined in Section 6
• Course schedules may be subject to change due to weather or other circumstances

Payment Processing

Our online store is powered by BigCommerce, and all payments are processed securely through Epic Merchant Systems (epicmerchantsystems.com), a PCI-compliant payment processor. We do not store your payment card information on our servers. By providing payment information, you represent that you are authorized to use the payment method provided.

5. Shipping and Delivery

For physical products:

• Shipping times are estimates and not guaranteed
• Risk of loss and title for products pass to you upon delivery to the carrier
• We are not responsible for delays caused by shipping carriers
• International orders may be subject to customs duties and taxes (buyer's responsibility)

6. Returns and Refunds

Product Returns

We accept returns of physical products within 30 days of delivery, subject to the following conditions:

• Products must be unused and in original packaging
• You must contact us to initiate a return
• Return shipping costs are the responsibility of the customer unless the product is defective
• Refunds will be issued to the original payment method within 7-10 business days

Course Cancellations

For hunting instruction courses and services:

• Cancellations made 30+ days before the course date: Full refund minus 10% processing fee
• Cancellations made 14-29 days before: 50% refund
• Cancellations made less than 14 days before: No refund
• We reserve the right to cancel courses due to insufficient enrollment or weather, with full refund

7. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, videos, and software, is the property of Boomstick Outdoors LLC and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, or create derivative works from our content without permission
• Use our trademarks or branding without authorization
• Remove or alter any copyright or proprietary notices

8. User Conduct

When using our Services, you agree not to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit any harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use the Services for any fraudulent or illegal purpose
• Harass, abuse, or harm other users

9. Safety and Liability

Hunting and Outdoor Activities

Hunting and outdoor activities involve inherent risks. By participating in our courses and services, you acknowledge that:

• You are physically capable of participating in the activities
• You will follow all safety instructions and guidelines
• You are responsible for obtaining necessary licenses and permits
• You will comply with all applicable hunting laws and regulations
• You assume all risks associated with participation

Waiver of Liability

To the fullest extent permitted by law, Boomstick Outdoors LLC, its officers, directors, employees, and agents shall not be liable for any injuries, damages, or losses arising from your participation in our courses or use of our products and services.

10. Disclaimers

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Services will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of content

We do not guarantee specific results from our instruction or services. Success in hunting depends on many factors beyond our control.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOMSTICK OUTDOORS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF OUR SERVICES.

Our total liability to you for all claims arising from your use of the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Boomstick Outdoors LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or violation of any rights of another party.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Services shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, binding arbitration in Albuquerque, New Mexico
• The arbitration shall be conducted in accordance with the American Arbitration Association rules

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and Boomstick Outdoors LLC regarding your use of the Services and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Company: Boomstick Outdoors LLC
• Email: joe@boomstickoutdoors.com
• Phone: 505-379-8902
• Address: Albuquerque & Rio Rancho, NM