Terms of Use

These FloodBoss Website Terms of Use (“Terms of Use”) explain the contractual agreement between New Pig Corporation, (“New Pig,” “we,” “us,” or “our”) and you, the person using the floodboss.com website (“Site”) and/or any related mobile applications, products, and services advertised on or through the Site, including any associated software (collectively with the Site, the “Services”). These Terms of Use set forth the rules and relevant limitations regarding your access to and use of the Services.

IMPORTANT, READ CAREFULLY: BY CLICKING “ACCEPT” OR OTHERWISE ACCESSING OR USING THE SITE OR ANY RELATED SERVICES, AND/OR BY INSTALLING OR USING ANY ASSOCIATED SOFTWARE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY RELATED SERVICES, AND YOU ARE NOT AUTHORIZED TO INSTALL ANY ASSOCIATED SOFTWARE. THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND NEW PIG AND GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. DO NOT ACCESS OR USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS OF USE. YOUR CONTINUED USE CONSTITUTES YOUR AUTOMATIC AGREEMENT TO THE APPLICABLE PROVISIONS IN THESE TERMS OF USE. YOUR RIGHTS TO USE THE SERVICES ARE LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.

New Pig may offer sweepstakes, contests, or other promotions on or through the Services that will have additional terms and conditions or rules. If any portion of these Terms of Use conflict with the special terms or rules for any such New Pig promotion, the conflicting portion of the special terms or rules will govern for that specific portion of the promotion unless stated otherwise.

Background

We provide certain information about our products and services and certain other third party information on the Site or through the Services. We may add, delete or modify some or all of our Services and information at any time.

Users Of The Services

There are two different types of users of the Site and/or related Services. “Public Users” have the ability to view generally available information located on the Site. A Public User cannot access “Registered User” areas of the Site or related Services. A “Registered User” has access to additional features of the Site and related Services. If you do not accept these Terms of Use, you are not authorized to use the Site or any New Pig Services. We reserve the right to report any wrongdoing involving any use of the Services, if and when we become aware of it, to any applicable government agencies.

Registered Users will need to create an account and provide information about yourself in order to use some of the features on or through the Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself or the company which you are able to legally bind to these Terms of Use, provide an email address other than your own unless you have explicit permission from the email owner, or create multiple accounts. Some features of the Services may allow you to send and receive text messages (SMS) to your or others‘ mobile devices. The number of messages per month will depend upon your settings. You grant us authorization to send SMS to your account. Message and data rates may apply and you will be responsible for paying such charges. Check with your carrier if you have questions about your plan and costs. To stop receiving text messages from this service, terminate the notifications within your account.

You authorize us and our affiliates, agents and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you using any means of communication, including, but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications. You also agree that we and our affiliates, agents and independent contractors may use any other medium, as permitted by law and including, but not limited to, mail, text message and e-mail, to contact you. If you want to make a change in how we contact you, including with respect to any telephone number that we might use, please contact us. You agree that we and our affiliates, agents and independent contractors may listen to or record telephone calls between you and our representatives without additional notice to you.

We grant you permission to use the Site and related Services subject to the restrictions in these Terms of Use. You access and use the Services at your own risk. We reserve the right to set limits on the use of the Services at our discretion. WE DO NOT GUARANTEE THAT ANY DATA TRANSMITTED TO OR FROM OUR SITE OR THROUGH ANY RELATED SERVICES WILL BE ACCURATE OR WITHOUT MISTAKES. YOU ACKNOWLEDGE THAT USING ANY FloodBoss PRODUCTS IN A MANNER OTHER THAN SPECIFIED IN THE USER MANUAL MAY CAUSE INJURY OR HARM TO PERSON(S) OR PROPERTY.

Information Posted On Our Site

Information on the Site is provided “AS IS” and may contain technical inaccuracies or typographical errors. New Pig does not guarantee and is not responsible for the accuracy of any links to information provided on the Site, including but not limited to articles and regulations, and we do not guarantee that any such information is current or error-free. Information may be changed or updated without notice. New Pig may also make improvements and/or changes in the products and other Services described on the Site at any time without notice. Any information contained on the Site does not represent a commitment on the part of New Pig in the future.

Updates To Terms Of Use

We may amend these Terms of Use at any time by posting the amended Terms of Use on the Site. When changes are made, we will notify you by making the revised version available on this webpage and changing the Effective Date at the end of these Terms of Use. You should review these Terms of Use on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Use. You understand and agree that your continued use of the Services after the posting of the amended Terms of Use constitutes automatic acceptance of the amended Terms of Use. You may only amend these Terms of Use with a writing signed by both of us.

System Integrity

You may not use any device, software or routine, malicious code or repeated “hacks” or “attacks” on web server(s), intended to damage or interfere with the proper working of the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

Acceptable Use Policy

You agree that you will not, and will not assist or enable others to:

1. use the Services for promotional or commercial purposes, except as expressly allowed in writing by us;
2. use the Services in violation of these Terms of Use or any applicable law;
3. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit any content available on the Site or through the Services (other than the content you provide), except as expressly authorized by New Pig;
4. reverse engineer any portion of the Services or any associated software;
5. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site or through the Services;
6. record, process, or mine information about other users of the Services;
7. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Services or any content available on or through the Services;
8. access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database;
9. reformat or frame any portion of the Site;
10. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure;
11. attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means; use the Services to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services; make excessive traffic demands; use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Site content, or features that enforce limitations on the use of the Services.

New Pig reserves the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Links

The Site may contain links to third-party websites or other online services (each, a “Third-Party Site”) not under the control or operation of New Pig. When we provide links to Third-Party Sites, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked Third-Party Site or any link contained in a Third-Party Site. We do not control or endorse any Third-Party Site, and you agree that we are not responsible for the availability or contents of such Third-Party Site. Some of the products and services made available through the Site are provided in connection with third parties and subject to additional terms noted here which you are bound by in accordance with such terms, which terms are incorporated herein by reference.

Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Site on another website, if you comply with all of the following: (a) the link must be a text-only link clearly marked “New Pig Corporation,” “FloodBoss” or “www.floodboss.com”; (b) the link must “point” to the URL “http://www.floodboss.com” and not to other pages within the Site; (c) the link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website; and (d) the appearance, position, and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time at our sole discretion.

Privacy

We recommend that you review our Privacy Policy which is posted on the Site, and which is hereby incorporated by reference into these Terms of Use. The Privacy Policy governs the collection, use, and disclosure of personal information and certain other data we collect from you when you use the Services. We may also amend the Privacy Policy from time to time. The information we collect is stored and processed by us on servers in the United States and potentially other countries. By accessing or using the Services or installing any associated software, you consent to any such transfer of your information outside your country and/or outside the country where you access or use the Services or have installed any associated software. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights to use and access the Site and/or any related Services. We may be required by law to disclose information to government authorities, law enforcement, or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate and in compliance with applicable laws and regulations.

Our Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and New Pig. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.

Ownership

The Services and all intellectual property rights included in or related to the Services (including but not limited to copyrights, trademarks and service marks), are owned or licensed by New Pig, and all right, title and interest in the Services and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Services or any content available through the Services. No part of the work reflected on New Pig‘s web pages and covered by copyright law may be reproduced or copied in any form or by any means – graphical, mechanical or electronic, including photocopying, taping, or information storage and retrieval systems – without the written permission of New Pig. All rights reserved. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the New Site, including its content.

FloodBoss and NEW PIG and their corresponding logos are trademarks of New Pig Corporation. All other marks are owned by their respective owners. New Pig or its third party suppliers may own patent rights or other intellectual property rights for the inventions or other features embodied in the Services, including any associated software. By using the Services, or agreeing to these Terms of Use, we are not granting you any right, title, interest, or license in or to any of our patents or the patents of our affiliates or suppliers, including but not limited to, those related to: (a) system or sensor devices or gateway devices, or virtual models thereof; or (b) any proprietary software that may be used or distributed by New Pig or our suppliers (in a download, install, online or embedded), on system or sensor devices or gateway devices.

License to Use Services

When you use the Site or create an account to use the Services, we grant you a limited, non-transferable, non-sub-licensable, non-exclusive license, solely for your own business purposes, to view online or install any software associated with the Services on one computer or mobile device and/or use such software as it is delivered to you for the sole purpose of using the Services. These are your only rights with regard to the Services and any associated software. You may not or assist or enable others to decode, reverse-translate, modify, reverse-engineer, decompile, disassemble, or otherwise reduce any software associated with the Services into source code form. All communications using software related to the Services, including any content stored on our computer servers, includes confidential information and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the software associated with the Services in the ordinary course of operation. You do not have the right to create derivative works of the Services or any associated software. Nothing in these Terms of Use shall be deemed to grant any right or license to you (by implication, estoppel, or otherwise), except as expressly provided herein and no other license, authority to infringe, or immunity from infringement liability shall be deemed to arise or exist as a matter of law or otherwise. The foregoing limitations shall in no way be deemed a derogation of the express rights granted under these Terms of Use.

Included as part of certain Services provided to you is associated software that is licensed and made available to you subject to third-party license agreements. To the extent that these Terms of Use may conflict with licenses or agreements governing your rights to that software, the agreement or license applicable to such third-party software is covered by the terms of its applicable license or agreement.

Suggestions and Improvements

By sending any ideas, suggestions, documents or proposals (“Feedback”) through or in connection with the Services, you agree that: (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, publish, distribute, create derivative works of and sublicense the Feedback in our sole discretion.

Export Compliance

By viewing the Site, using the Services or downloading or installing any associated software or using embedded software in any products available through the Site, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations (“EAR”), and sanctions programs, including those administered by the United States Treasury Department‘s Office of Foreign Assets Controls (“OFAC”), and all other applicable international trade regulations. You agree that you will not download or use any software associated with the Services without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using any software associated with the Services, you represent, warrant and certify that you are not a proscribed end-user or utilizing such software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of these Terms of Use.

Laws and Regulations

You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) your use of the Services; and (ii) release of information to and retrieval of information from the Services and any New Pig database. To the extent that any applicable taxes apply to your use of the Services, you are responsible for the payment of such taxes.

Termination of Use

If at any time you are not in compliance with these Terms of Use, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to the Services. We also have the right to terminate or suspend your account or ability to use the Services at our discretion, for any reason or no reason. Any such termination or suspension could prevent you from accessing your account, the Services, or any other related information.

In the event of any termination or suspension of your access to or use of the Services, the proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these Terms of Use.

Governing Law And Jurisdiction

The Site and any related Services (excluding linked sites) are operated by us from our offices in Pennsylvania, USA, which the exception of any associated software that is integrated as part of the products advertised on the Site, which is operated by a third-party service provider. The Services can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, USA, by accessing or using the Services, you agree that these Terms of Use and your use of the Services shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, United States of America, without regard to conflict of laws provisions. New Pig makes no representation that materials available on or through the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

Notice

Except as explicitly stated otherwise or required by law, you shall provide any notices to New Pig Corporation by email to us at hothogs@newpig.com.

Upon your request, you may have these Terms of Use sent to you by email. Please feel free to contact New Pig Corporation to resolve a complaint regarding any aspect of service relating to this Site by contacting us at 1-855-493-HOGS (493-4647) or hothogs@newpig.com.

Disclaimer of Warranties

WE PROVIDE THE SITE AND ANY RELATED SERVICES AS IS, WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE SERVICES AT YOUR OWN RISK.

New Pig is under no duty to, and does not represent that it will, monitor any user‘s location or inform or provide reporting services to you or to any government or regulatory entity on your behalf, regarding spills or any other matter. You hereby acknowledge and agree that any reporting obligation with regard to any spill or any other matter at any location related to your use of any FloodBoss product is your obligation, not New Pig‘s.

YOUR USE OF THE SERVICES AND ANY ASSOCIATED SOFTWARE IS DONE AT YOUR OWN RISK. ALL DECISIONS AND/OR OTHER RESULTS MADE OR PREPARED USING THE SERVICES, IN RELIANCE ON DATA YOU PROVIDE, OR BASED UPON NEW PIG‘S ADVICE AND SERVICES, ARE MADE OR PREPARED SOLELY BY YOU AND AT YOUR SOLE RISK.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEW PIG AND ANY THIRD-PARTY SUPPLIER OR SERVICE PROVIDER THAT PROVIDES OR ASSISTS NEW PIG IN PROVIDING THE SITE AND ANY RELATED SERVICES (COLLECTIVELY, THE “DISCLAIMING PARTIES”) EXPRESSLY DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, CONCERNING: (a) THE OPERATION AND FUNCTIONALITY OF THE SITE OR ANY RELATED HARDWARE OR SERVICES; (b) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE SERVICES OR ANY DATA YOU TRANSMIT THROUGH THE SERVICES AND ANY ASSOCIATED SOFTWARE; AND (c) ANY OTHER SERVICES PROVIDED BY NEW PIG. THE DISCLAIMING PARTIES CANNOT PROMISE UNINTERRUPTED OR ERROR–FREE SERVICES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY ASSOCIATED SOFTWARE ARE FREE FROM VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS. THE DISCLAIMING PARTIES DO NOT GUARANTEE THAT ANY DATA TRANSMITTED THROUGH THE SERVICES OR ANY ASSOCIATED SOFTWARE WILL BE ACCURATE OR WITHOUT MISTAKES. YOU ACKNOWLEDGE THAT USING THE SERVICES AND ANY ASSOCIATED SOFTWARE IN A MANNER OTHER THAN SPECIFIED IN THE DOCUMENTATION MAY CAUSE INJURY OR HARM TO PERSON(S) OR PROPERTY.

Limitation Of Liability

Our contracts with certain suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability for the availability of the Services caused by our supplier‘s performance or lack of performance of the maintenance work to keep the Services operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Site.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE DISCLAIMING PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR ANY ASSOCIATED SOFTWARE REGARDLESS OF WHETHER ANY OF THE DISCLAIMING PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL ANY OF THE DISCLAIMING PARTIES’ TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES YOU PAID TO NEW PIG DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100.

The limitations of liability provided in these Terms of Use inure to the benefit of New Pig, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.

Indemnification

You agree to indemnify, defend and hold the Disclaiming Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys‘ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) New Pig or any of the Disclaiming Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to: (i) your access to or use of the Services; (ii) your violation of these Terms of Use; (iii) claims for libel, slander or any property damage, personal injury or death; (iv) the use, failure to use, or inability to use the Services that is caused directly or indirectly by you; or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. New Pig reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Your indemnification obligations shall survive the termination of these Terms of Use.

Other General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

BY USING THE SERVICES AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE ON THE USER REGISTRATION SCREEN(S) YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

Contact Information

Please contact us with any questions regarding these Terms of Use. Please report any violations of these Terms of Use to us using the Contact Us form on the Site or write to us at:

Effective Date: April 3, 2021.