Terms Of Services

TERMS OF USE AND CONDITIONS OF SALE

Effective Date: July 23, 2026

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 13 AND 14).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

IMPORTANT DISCLOSURE: USE OF CERTAIN AXIL BRANDS INC. PRODUCTS

IT IS ESSENTIAL FOR INDIVIDUALS TO PRIORITIZE THEIR PERSONAL SAFETY AND ALWAYS FOLLOW THE INSTRUCTIONS WHEN USING OUR PRODUCTS. AXIL BRANDS INC. SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INJURIES, OR LOSSES RESULTING FROM YOUR MISUSE OF ANY OF OUR PRODUCTS. USERS ASSUME FULL RESPONSIBILITY FOR THEIR SAFETY AND THE OUTCOMES OF ANY SITUATIONS IN WHICH OUR PRODUCTS ARE EMPLOYED. BY USING ANY OF OUR PRODUCTS, YOU ACKNOWLEDGE AND ASSUME THE INHERENT RISKS OF SUCH PRODUCTS AS SET FORTH IN THEIR USER MANUALS. SEE OTHER LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.

Your use of https://goaxil.com/, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by AXIL Brands Inc. (“AXIL Brands,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below.  Please read them carefully.  We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By accessing, using, or placing an order over the Website, you agree to the terms set forth herein.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (https://goaxil.com/pages/terms-of-service).  We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website.  It is your responsibility to check this page periodically for changes.  YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

  1. Website Use
  2. PRIVACY & SECURITY DISCLOSURE
  3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
  4. PRODUCTS SOLD FOR PERSONAL USE ONLY
  5. NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
  6. MODIFICATIONS TO THE WEBSITE AND PRICES
  7. PAYMENT; BILLING
  8. ORDER PLACEMENT AND ACCEPTANCE
  9. SHIPPING
  10. DELIVERY CONFIRMATION
  11. RETURNS AND REFUNDS; PRODUCT WARRANTIES
  12. SOCIAL MEDIA
  13. DISCLAIMER OF WARRANTIES
  14. DISCLAIMER OF LIABILITIES
  15. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
  16. INDEMNIFICATION
  17. THIRD-PARTY WEBSITES AND LINKS
  18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
  19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
  20. ELECTRONIC COMMUNICATIONS
  21. MOBILE MESSAGING PROGRAM TERMS (SMS/MMS)
  22. ASSIGNMENT
  23. NO WAIVER
  24. SEVERABILITY
  25. TERMINATION
  26. ENTIRE AGREEMENT
  27. QUESTIONS OR ADDITIONAL INFORMATION


TERMS


  1. WEBSITE USE

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.  If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

  1. PRIVACY & SECURITY DISCLOSURE

Our Privacy Policy may be viewed at https://goaxil.com/pages/privacy-statement. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. All transactions on the Website are secured using Secure Sockets Layer (SSL) or successor Transport Layer Security (TLS) encryption, the industry standard for encrypting personal information transmitted in connection with your order, including your name, address, and payment card information.

  1. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws.  You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) committing any other unlawful act.

AXIL Brands reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of AXIL Brands’ rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. AXIL Brands may take any other actions necessary in this regard or seek any remedies permitted by law.

  1. PRODUCTS SOLD FOR PERSONAL USE ONLY

You further agree that any products or services you purchase from AXIL Brands on or through the Website will be used for your personal, non-commercial use.  You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. Resale of our products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

AXIL Brands sells its products through the Website and through authorized dealers and resellers only. No dealer, reseller, or other person may promote, market, advertise, offer to sell, or sell any AXIL Brands product through any Amazon.com marketplace or through any other online marketplace or restricted website that AXIL Brands has not authorized in writing. AXIL Brands actively participates in the Amazon Brand Registry Program and similar programs to prevent the advertising and sale of unauthorized, unlicensed, infringing, or counterfeit merchandise, and unauthorized listings and sales of AXIL Brands products on Amazon or other sites will be removed as they are discovered. Products purchased from any source other than AXIL Brands or an authorized dealer will not come with the same warranties, money back guarantees, and customer services intended by AXIL Brands, the manufacturer.

  1. NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider.  The statements made on this Website have not been evaluated by the Food and Drug Administration.

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.  We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

This Website may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website.  You agree that it is your responsibility to monitor changes to our Website.

  1. MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.  Certain products or services may be available exclusively online through the Website.  These products or services may have limited quantities and are subject to refund, return, or exchange only according to our Refund Policy at  https://goaxil.com/pages/axil-refund-policy, our Service & Warranty Policy at https://goaxil.com/pages/service-warranty, or in your order confirmation.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Any offer for any product or service made on this Website is void where prohibited.

  1. PAYMENT; BILLING

All charges are in U.S. Dollars. You can pay for your order with any major credit card accepted at checkout.

By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired.  If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.  Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information.  If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.  If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

  1. ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  We reserve the right to accept or deny shipment to anyone for any reason.  In the event we deny your order, you will receive a refund to your original form of payment.  You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service.  We reserve the right to require additional information before processing any order.

  1. SHIPPING

AXIL Brands ships orders from the United States by UPS, USPS, or FedEx, and offers both domestic and international shipping. Orders generally ship Monday through Friday within five (5) business days of the time of placement for all in-stock orders. Delivery is subject to availability, and items that are out of stock will be shipped as soon as possible upon being restocked, so please take shipping and restocking time into consideration when placing your order. Domestic orders typically arrive within 5-7 business days of shipment, and international delivery typically arrives within 10-20 business days. Delivery times for orders vary based on location. All fees are stated in U.S. Dollars. International orders do not include customs charges and duties, which will be assessed on the retail price of the product and are your sole responsibility. All orders are shipped FOB Origin, meaning that title to the products and risk of loss pass to you upon our delivery of your order to the carrier. Please visit our Website for additional terms that may apply to your order.

Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by phone at (801) 566-0240 or email at customersupport@goaxil.com immediately, or by filling out the https://goaxil.com/pages/contact-us.

  1. DELIVERY CONFIRMATION

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.

  1. RETURNS AND REFUNDS; PRODUCT WARRANTIES

AXIL Brands wants you to be satisfied with your experience with us so we have made returning or exchanging products easy. If you receive the wrong item or if it arrives damaged or defective, please visit https://goaxil.com/pages/axil-refund-policy on our Website for additional information about how to return or exchange a product or request a refund. AXIL Brands offers a thirty (30) day return window for products purchased directly from our Website. The thirty (30) day period commences on the date of delivery to you, as confirmed by the carrier’s tracking information, not the date of order placement. If you wish to return a product, you must notify AXIL Brands and initiate the return process within thirty (30) days of taking possession of the item, and all sales are final after that thirty (30) day period, subject only to any warranty that may apply.  Please see our Service & Warranty page at https://goaxil.com/pages/service-warranty. 

When you receive your package, we ask that you examine it closely prior to opening. If you are not satisfied with your order, you may exchange it for the same product or return your product. For your convenience, we accept returns by mail for orders that were shipped directly to you. To return a product, please contact us to request a Return Merchandise Authorization (RMA) number. It will take approximately two (2) business days before an RMA number is issued to you, and your RMA number is valid for fourteen (14) days. IMPORTANT: Packages returned without an RMA number will be refused. All products (both defective and non-defective) must be returned in their original purchase condition, with the original packing material. In the event that a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount. For reasons of hygiene, orders for ear plugs are excluded from this return policy. All return shipping costs are your responsibility and are nonrefundable.

After the shipping department receives and inspects your return, we will process your refund promptly. Once a return is processed, it may take additional time for the credit to be posted to your account, depending on your financial institution. We are not responsible for lost or stolen items. We recommend sending all returned items using some type of delivery confirmation system to ensure proper delivery. For any questions about our refund policy, please contact us. Product warranties do not apply to products purchased through unauthorized resellers, including unauthorized sellers on Amazon.com, eBay.com, or other third party marketplace websites.

  1. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of AXIL Brands, and we have no obligation to monitor or remove user comments.  If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

  1. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, SUBJECT TO THE LIMITATIONS SET FORTH IN ANY PRODUCT WARRANTY POLICIES, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL AXIL BRANDS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY FEES OR COSTS, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER AXIL BRANDS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, OR COSTS.  THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.  IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AXIL BRANDS IS FOUND LIABLE UNDER ANY THEORY, AXIL BRANDS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.  THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER AXIL BRANDS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND AXIL BRANDS ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, AXIL BRANDS’ PRIVACY POLICY OR TERMS, AXIL BRANDS’ ADVERTISING OR MARKETING PRACTICES, OR AXIL BRANDS’ PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF UTAH TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND AXIL BRANDS AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT AXIL BRANDS’ CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS OR ENTITIES. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT AXIL BRANDS HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF UTAH FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF AXIL BRANDS’ INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH COURTS.  YOU IRREVOCABLY CONSENT TO JURISDICTION AND VENUE IN SUCH COURTS.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.  OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH AXIL BRANDS’ WEBSITE BY SENDING A LETTER TO: 777 S Auto Mall Dr #107, American Fork, UT 84003, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

  1. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless AXIL Brands Inc., its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

  1. THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

  1. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

AXIL Brands is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Axil Brands may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to AXIL Brands’ products or services, in printed and online media, AXIL Brands determines in its absolute discretion.  These testimonials do not represent the generally expected user experience.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
  1. DMCA Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website.  All notices should be addressed to the following contact person:

Notification of Claimed Infringement:

customersupport@goaxil.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

  1. Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to AXIL Brands or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and AXIL Brands, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by AXIL Brands, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of AXIL Brands.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

  1. Copyright

The copyright in all materials provided on the Website is owned by AXIL Brands or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of AXIL Brands. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include any copyright notice. AXIL Brands may revoke any of the foregoing rights at any time. You may not, without AXIL Brands’ prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

  1. Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of AXIL Brands. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of AXIL Brands or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of AXIL Brands. AXIL Brands prohibits the use of any AXIL Brands logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by AXIL Brands in writing.

  1. ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

  1. MOBILE MESSAGING PROGRAM TERMS (SMS/MMS)

These mobile messaging program terms (the “Messaging Terms”) govern the AXIL Brands mobile messaging program (the “Messaging Program”), through which we send recurring marketing and promotional text messages (such as promotions, special offers, product announcements, and cart reminders) and informational or transactional text messages (such as order confirmations, shipping notifications, and customer service communications) by SMS and MMS to the mobile telephone numbers of persons who have opted in to receive them. The Messaging Program is operated by AXIL Brands with the assistance of third party service providers, and messages may be sent using an automatic telephone dialing system or other automated technology. By enrolling in, participating in, or using the Messaging Program, you accept and agree to these Messaging Terms, which are part of, and incorporated into, these Terms.

a. Consent to Receive Text Messages. By providing your mobile telephone number to AXIL Brands and enrolling in the Messaging Program, whether through a sign up form on the Website, at checkout, by texting an advertised keyword to our number, or by any other enrollment method we make available, you provide your prior express written consent to receive recurring marketing, promotional, informational, and transactional text messages from or on behalf of AXIL Brands at the mobile number you provided, including messages sent using an automatic telephone dialing system or other automated technology. Your consent is not required as a condition of purchasing any goods or services from AXIL Brands. Your consent applies to AXIL Brands only, is personal to you, and applies only to the mobile number you provided at enrollment. You agree that these Messaging Terms, together with your enrollment, constitute a written agreement signed by you for purposes of the Telephone Consumer Protection Act and other applicable federal and state laws, and you consent to receive all related disclosures electronically in accordance with the Electronic Communications section of these Terms. When you opt in, we will send you a text message confirming your enrollment in the Messaging Program.

b. Your Representations Regarding Your Mobile Number. You represent and warrant that you are the current subscriber or customary user of the mobile number you provided, that you are at least the age of majority in your state of residence, and that you are authorized to enroll that number in the Messaging Program and to incur any associated messaging or data charges. You agree to notify us promptly, using the contact methods identified below, if you change, deactivate, transfer, or otherwise relinquish the mobile number you enrolled, so that we do not send messages intended for you to a person who has not consented to receive them. You agree that AXIL Brands shall not be responsible for messages sent to a number that you no longer use if you have not notified us of the change, and the indemnification obligations in these Terms apply to any claim arising from your breach of this paragraph.

c. Opting Out; Revocation of Consent. You may revoke your consent and cancel your participation in the Messaging Program at any time. The easiest way to opt out is to reply STOP to any text message you receive from us. You may also opt out by replying QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any text message we send you, by using any unsubscribe link or mechanism included in a message, or by otherwise clearly communicating to us in any reasonable manner that you no longer wish to receive text messages from us, including by contacting Customer Support by email at customersupport@goaxil.com or by phone at (801) 566-0240. We will honor your opt out request as soon as practicable and, in all events, within ten (10) business days after we receive it, or within any shorter period required by applicable law. After you opt out, you may receive a single message confirming that your opt out request has been processed and, if the scope of your request is unclear, a single message requesting clarification of the messages you wish to stop, and thereafter you will not receive further text messages from the Messaging Program unless you re-enroll or except as otherwise permitted by applicable law. If you wish to rejoin the Messaging Program after opting out, you may re-enroll at any time using any of the enrollment methods described above, and we will resume sending messages to you upon your renewed consent.

d. Help and Support. For help or information about the Messaging Program at any time, reply HELP to any text message you receive from us, email Customer Support at customersupport@goaxil.com, or call (801) 566-0240.

e. Message Frequency; Message and Data Rates. Message frequency varies and will depend on your interactions with us, including your purchases and browsing activity. Message and data rates may apply to each text message sent to you from us and each text message sent from you to us, in accordance with your mobile service plan. Please contact your wireless carrier with any questions about your text or data plan. You are solely responsible for all charges imposed by your wireless carrier in connection with the Messaging Program.

f. Carrier Disclaimer; Delivery of Messages. The Messaging Program is intended to be available on major United States wireless carriers and on many regional carriers. Wireless carriers supported by the Messaging Program are not liable for delayed or undelivered messages. Delivery of text messages is subject to effective transmission by your wireless carrier and network availability, which are outside of our control. The Messaging Program is offered on an “as is” and “as available” basis and may not be available in all areas, at all times, or on all carriers or devices. To the fullest extent permitted by applicable law, and without limiting the Disclaimer of Warranties and Disclaimer of Liabilities sections of these Terms, AXIL Brands is not liable for any delay in the delivery of, or failure to deliver, any message sent through the Messaging Program.

g. Changes to the Messaging Program. We may modify, suspend, or terminate the Messaging Program, in whole or in part, and may change the telephone number, short code, or service provider from which our messages are sent, at any time and without notice. We may also update these Messaging Terms from time to time in accordance with the amendment provisions of these Terms, and your continued participation in the Messaging Program following the posting of updated Messaging Terms constitutes your acceptance of them.

h. Privacy; Mobile Information. Information collected in connection with the Messaging Program, including your mobile telephone number and your consent records, is handled in accordance with our Privacy Policy, available at https://goaxil.com/pages/privacy-statement. No mobile information will be shared with, or sold to, third parties or affiliates for their own marketing or promotional purposes. Text messaging originator opt in data and consent will not be shared with any third parties, excluding disclosures to service providers, messaging aggregators, and wireless carriers acting on our behalf solely as necessary to operate the Messaging Program and deliver messages to you.

i. Disputes Concerning the Messaging Program. Any dispute or claim arising out of or relating in any way to the Messaging Program or these Messaging Terms, including, without limitation, any dispute or claim under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, or any state telemarketing, telephone solicitation, or text messaging statute, shall be resolved exclusively in accordance with the Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver provisions set forth in Section 15 of these Terms, including the requirement that all such disputes and claims be arbitrated on an individual basis only.

  1. ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  AXIL Brands and its affiliates may, in their sole discretion and without prior notice or consent, assign or transfer these Terms, in whole or in part, including all rights and obligations hereunder, to any affiliate or to any third party including, but not limited to, in connection with a merger, acquisition, sale of assets, financing, reorganization, or other transfer of some or all of AXIL Brands’ business, or otherwise. You expressly consent to any such assignment, including the assignment of AXIL Brands’ rights to receive payment and to enforce your payment obligations under these Terms. Any permitted assignee may further assign such rights and obligations without additional notice to or consent from you. Payment made by you in good faith to an authorized assignee in accordance with the payment instructions provided to you will fully satisfy your corresponding payment obligations under these Terms.

  1. NO WAIVER

No waiver by AXIL Brands of any term or condition set forth in these Terms 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 by AXIL Brands to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  1. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. TERMINATION

In the event that we terminate this Agreement, Sections 2-5, 13-16, 18-26, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement.

  1. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and  AXIL Brands and supersedes and replaces any prior or contemporaneous agreements.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

  1. QUESTIONS OR ADDITIONAL INFORMATION

Please contact Customer Support if you have any questions concerning your purchase.  Additional information can be located on our Website.

AXIL Brands Inc.

Email: customersupport@goaxil.com

Tel. (801) 566-0240

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