Ultimate Tactical & Hunting All-In-One Electronic Ear Muffs

AXIL BRANDS INC.

PRIVACY POLICY

Effective Date: July 23, 2026

Our Commitment to Privacy

Your privacy is important to us, and to protect your privacy we are providing this notice explaining our online information collection practices and what choices you have about how your information is collected and used. This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.goaxil.com (the “Site,” which is included within the definition of the Website below). This Privacy Policy (also referred to as this “Privacy Notice”) is posted on every page of our website in the navigation at the bottom of each page. This notice applies to all information collected or submitted on the AXIL Brands Inc. (“AXIL Brands,” “we,” “our,” “us”) website located at https://goaxil.com/, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), and to information collected in connection with our text messaging program, our email communications, and your purchases of our products. This Privacy Policy is incorporated into, and forms a part of, our Terms of Use and Conditions of Sale, available at https://goaxil.com/pages/terms-of-services (the “Terms”).

What Information We Collect

On some pages, you may be requested to register prior to using our services. After registering, you can place orders for products, register for online contests, upload comments and photos, and receive information and limited online specials that we may offer from time to time. The types of personal information collected at these pages are:

• Name
• Address
• Email address
• Phone number
• Credit or debit card information, ONLY if you are purchasing products online

In addition to the information described above, we may collect the following categories of personal information, depending on how you interact with us:

• Identifiers. Identifiers and contact information, such as your name, postal address, email address, telephone and mobile numbers, and account username.
• Commercial information. Records of the products you purchase, order and return history, and customer service interactions.
• Payment information. Payment card and billing information, which is processed by our third party payment processors; we do not store complete payment card numbers on our own systems.
• Internet and device activity. Information about your interactions with the Website collected automatically as described below, including IP address, device and browser type, operating system, pages viewed, links clicked, referring pages, and the dates and times of your visits.
• Approximate location. General location inferred from your IP address. We do not collect precise geolocation data.
• Text messaging data. If you enroll in our text messaging program, your mobile telephone number, the date, time, source, and manner of your opt in (including, where applicable, the IP address and the form or page through which you subscribed), records of the consent disclosures presented to you, the content of messages exchanged with us (including opt out and help requests), and message delivery and engagement information.
• Content you submit. Photographs, comments, testimonials, reviews, contest entries, and other content you choose to submit, which are also governed by the Testimonials, Reviews, and Other Submissions section of the Terms.
• Inferences. Preferences and interests we infer from the information described above, used to personalize your experience and our communications.

When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically collected information as “Device Information.” Additionally, when you make a purchase or attempt to make a purchase through the Website, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, which are processed by our payment processors as described above), email address, and phone number. We refer to this information as “Order Information.” When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information, together with the other categories of information described in this section.

We collect this information directly from you, automatically from your devices when you use the Website, and from service providers that assist us in operating our business, such as our ecommerce platform, payment processors, shipping carriers, analytics providers, and marketing platforms. We do not collect sensitive personal information such as government identification numbers, biometric data, health information, or precise geolocation, and we ask that you do not submit such information to us.

Information Collected Automatically; Cookies and Similar Technologies

When you visit the Website, we and our service providers use cookies, pixels, tags, software development kits, and similar technologies to operate the Website, remember your preferences, keep items in your shopping cart, measure the performance of the Website and our marketing, and deliver advertising. The Website uses cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart, and this information is used to determine when to send cart reminder messages by email or, if you have opted in to our text messaging program, by text.

We collect Device Information using the following technologies. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier; for more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. “Log files” track actions occurring on the Website and collect data including your IP address, browser type, internet service provider, referring and exit pages, and date and time stamps. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Website. In addition, the Website is monitored by one or more third party monitoring services that may capture information about your visit to help us improve the quality of our service. You may opt out of the data that https://doublesmart.digital collects about your visit through the universal consumer options page located at https://doublesmart.digital/Unsub/unsub.html.

You can manage cookies through your browser settings, which typically allow you to refuse some or all cookies or to alert you when cookies are being set. If you disable cookies, some features of the Website, such as the shopping cart, may not function properly. Where we have deployed a cookie preference tool or a footer link titled [Your Privacy Choices or Do Not Sell or Share My Personal Information], you may also use that tool to set your preferences for advertising cookies.

How We Use Information

We use the information you provide about yourself prior to your ordering products, or to be able to use the various services on our site reserved for registered users, including to:

• Process, fulfill, and deliver your orders, process payments and refunds, and provide order confirmations and shipping updates;
• Create and administer your account and authenticate you when you log in;
• Administer contests, promotions, and other offerings you choose to participate in;
• Respond to your inquiries and provide customer support, including by using return email addresses to answer the email we receive;
• Provide reasonable notification of any new service and updates, and, with your consent where required, send you marketing communications by email and text message;
• Operate our text messaging program as described below and honor and document your opt in and opt out choices;
• Screen our orders for potential risk or fraud, in particular using your IP address and Order Information;
• Improve, secure, and maintain the Website, diagnose technical problems, prevent fraud and abuse, generate analytics about how our customers browse and interact with the Website, assess the success of our marketing and advertising campaigns, and enforce our Terms;
• Send you promotional emails and, as described below, advertising on other websites, in line with the preferences you have shared with us;
• Comply with legal, regulatory, tax, and record keeping obligations, and establish, exercise, or defend legal claims.

We may use non-identifying and aggregate information to improve our website or to share with advertisers. For example, we may tell an advertiser that a certain number of men or women have visited certain areas on our website, or have become registered users, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described in this Privacy Policy without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.

Text Messaging (SMS/MMS) Program

If you opt in to receive text messages from AXIL Brands, we operate a recurring mobile messaging program through which we send 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). Your participation in the messaging program is governed by the Mobile Messaging Program Terms set forth in the Terms.

We use the text messaging data described above to operate the messaging program, to send you the messages you have consented to receive, to honor and document your opt in and opt out choices, to personalize the content and timing of messages, to comply with legal and record keeping obligations, and to establish, exercise, or defend legal claims. We share this information with service providers that operate the messaging program on our behalf, including our messaging platform provider, messaging aggregators, and wireless carriers, solely as necessary to deliver messages to you and to administer the program. 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 providers, aggregators, and carriers of the text message services acting on our behalf solely to provide those services to you.

We respect your privacy, and we will only use information you provide through the messaging program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE MESSAGING PROGRAM TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. We will not share your opt in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign.

If you enter your phone number at checkout and initialize a purchase and opt in, you agree that we may send you text notifications regarding your order (including abandoned cart reminders) and, where you have consented, text marketing offers, all as described in the Mobile Messaging Program Terms. When you complete forms online or otherwise provide us information in connection with the messaging program, you agree to provide accurate, complete, and true information, and you agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or that you have opted into the messaging program for an ulterior purpose, we may refuse you access to the messaging program and pursue any appropriate legal remedies.

You may opt out of receiving text messages from us at any time by replying STOP to any message we send you, by replying QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE, or by otherwise clearly communicating your request to us in any reasonable manner, including by contacting Customer Support at customersupport@goaxil.com or (801) 566-0240. We will honor your request as soon as practicable and no later than ten (10) business days after we receive it, or within any shorter period required by applicable law. Message and data rates may apply and message frequency varies.

Email Communications

If you provide your email address, we may send you transactional emails relating to your account and orders and, where permitted, marketing emails about our products, services, and offers. Every marketing email we send includes an unsubscribe link, and you may also unsubscribe using the contact methods in the Opting Out section below. We honor unsubscribe requests within the time required by the CAN-SPAM Act. Opting out of marketing emails does not stop transactional or relationship messages, such as order confirmations, shipping notices, and account or legal notices.

How We Share Information

We do not sell your personal information to outside parties for monetary consideration, and we do not disclose your personal information to outside parties for their own independent marketing purposes without providing you notice and the opportunity to opt out or otherwise prohibit such use. We disclose personal information only as follows:

• Service providers. With vendors that perform services on our behalf under contractual confidentiality and use restrictions, including our ecommerce platform, payment processors, shipping and fulfillment carriers, email and text messaging platforms, messaging aggregators and wireless carriers, analytics providers, customer support tools, and fraud prevention services. These providers may use your information only to perform services for us. For example, we use Shopify to power our online store; you can read more about how Shopify uses your Personal Information at https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Website; you can read more about how Google uses your Personal Information at https://www.google.com/intl/en/policies/privacy/, and you can opt out of Google Analytics at https://tools.google.com/dlpage/gaoptout.
• Advertising partners. As described in the Remarketing and Interest Based Advertising section below, third party advertising partners collect certain internet activity information through cookies and similar technologies on the Website. Under certain state privacy laws, these disclosures may be considered a “sale” of personal information or the “sharing” or processing of personal information for targeted advertising, and you have the right to opt out as described in the Your United States State Privacy Rights section below. We do not otherwise sell or share your personal information.
• Legal compliance and protection. When we believe disclosure is necessary to comply with a law, regulation, subpoena, court order, or other legal process, to respond to lawful requests by public authorities, to enforce our Terms, or to protect the rights, property, or safety of AXIL Brands, our customers, or others, including to detect, prevent, or address fraud or security issues.
• Corporate transactions. In connection with a merger, acquisition, financing, reorganization, sale of assets, or other transfer of some or all of AXIL Brands’ business, in which case personal information may be transferred to the acquiring or surviving entity subject to this Privacy Policy or to protections that are substantially similar. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
• Affiliates and with your direction. With our corporate affiliates for the purposes described in this Privacy Policy, and with any other party when you direct us to do so or otherwise consent.

Remarketing and Interest Based Advertising

This website uses Google Ads (formerly Google AdWords) and other remarketing services to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who have not completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third party vendors, including Google, use cookies to serve ads based on someone’s past visits to the AXIL website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can control interest based advertising in several ways. You can opt out of targeted advertising from Facebook at https://www.facebook.com/settings/?tab=ads, from Google at https://www.google.com/settings/ads/anonymous, and from Bing at https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads. You may opt out of Google’s use of cookies for interest based advertising by visiting Google’s Ads Settings at https://adssettings.google.com. You may opt out of interest based advertising from participating companies through the Digital Advertising Alliance at https://optout.aboutads.info and the Network Advertising Initiative at https://optout.networkadvertising.org. You may also use the cookie preference tool described above and the opt out rights described in the Your United States State Privacy Rights section below. If you opt out, you will still see advertising, but it will not be personalized based on your visits to our Website.

Your United States State Privacy Rights

Depending on your state of residence, state privacy laws (including laws in California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia) may grant you some or all of the following rights with respect to your personal information. We extend the rights below to all United States residents to the extent an applicable law grants them, and we will not deny a request solely because a right is framed differently under your state’s law:

• Access and portability. The right to confirm whether we process your personal information and to access a copy of it, including, where applicable, in a portable and readily usable format;
• Correction. The right to correct inaccuracies in your personal information;
• Deletion. The right to request deletion of your personal information, subject to legal exceptions such as completing transactions, security, fraud prevention, and legal compliance;
• Opt out of sale, sharing, and targeted advertising. The right to opt out of the “sale” or “sharing” of personal information, the processing of personal information for targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects. We do not engage in such profiling;
• Transparency. The right to know the categories of personal information we collect, the purposes of collection, and the categories of recipients, all of which are described in this Privacy Policy, and, where applicable law provides, the right to obtain a list of the third parties to which we have disclosed personal information;
• Non-discrimination. The right not to receive discriminatory treatment for exercising your privacy rights;
• Appeal. The right, in states that provide it, to appeal our refusal to act on your request, using the contact information below; if your appeal is denied, you may contact your state Attorney General.

To exercise these rights, contact us at customersupport@goaxil.com or (801) 566-0240 with the subject line or statement “Privacy Request,” or submit a request through our privacy request portal at https://privacyportal.onetrust.com/webform/c7215b88-e9ad-4876-9485-ff807945b392/fc780bac-ab4a-475f-8f0f-2d63d88be338. To exercise the right to opt out of the sale or sharing of personal information or targeted advertising, you may also use the cookie preference tool on the Website where deployed. We honor opt out preference signals recognized under applicable law, including the Global Privacy Control, as an opt out of the sale or sharing of personal information and of targeted advertising for the browser or device from which the signal is sent, to the extent required by applicable law.

California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please submit the request form through our privacy request portal identified above or contact us using the information in the How to Contact Us section below.

To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections, and we may request information reasonably necessary to do so, such as your name, email address, and recent order information. You may designate an authorized agent to submit a request on your behalf; we may require the agent to provide proof of authorization and may require you to verify your identity directly with us. We will respond to verifiable requests within the time required by applicable law, generally within forty five (45) days, with an extension where permitted.

Do Not Track

Some browsers transmit “Do Not Track” signals. Because there is not yet a common industry standard for responding to Do Not Track signals, we do not alter the Website’s data collection and use practices when we see a Do Not Track signal from your browser. As described above, we do honor the Global Privacy Control where required by applicable law.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online, including the use of encryption for payment transactions and access controls limiting access to personal information to personnel who need it. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials. In the event of a breach of security affecting your personal information, we will notify you and applicable regulators as required by law.

Data Retention

We retain personal information for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, including to maintain your account, complete transactions, provide customer support, comply with legal, tax, and accounting obligations, resolve disputes, enforce our agreements, and establish, exercise, or defend legal claims, and thereafter we delete, deidentify, or securely archive it. When you place an order through the Website, we will maintain your Order Information for our records unless and until you ask us to delete this information, subject to the legal retention needs described above. We retain records of your text messaging opt in, the disclosures presented to you, and any opt out requests for at least four (4) years following your last interaction with the messaging program, and thereafter as required by applicable law.

Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. If we learn that we have collected personal information from a child under 13 without verifiable parental consent as required by the Children’s Online Privacy Protection Act, we will delete that information promptly. The Website and our products are intended for adults, and our text messaging program is limited to individuals who are at least the age of majority in their state of residence. In addition, we do not knowingly sell or share the personal information of consumers we know to be under 16 years of age, and we do not knowingly process the personal information of minors for targeted advertising. If you believe a child has provided us personal information, please contact us using the information below.

How You Can Access or Correct Your Information

You can access your personally identifiable information that we collect online and maintain by logging into our site and reviewing your contact information. Note: you must log in to access your account information. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows any errors, or by using the rights described in the Your United States State Privacy Rights section above. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Third Party Websites and Services

The Website may contain links to third party websites, and our products and content may be available through third party platforms and social media services. This Privacy Policy does not apply to those third parties, and we are not responsible for their privacy practices. We encourage you to review the privacy policies of any third party website or service you visit, including the platforms hosting our social media presence as described in the Terms.

United States Processing

The Website is operated in the United States and is intended for United States residents. If you access the Website from outside the United States, you understand that your information will be transferred to, stored in, and processed in the United States, where privacy laws may differ from those of your jurisdiction.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in law, technology, or our practices. When we do, we will post the updated policy on this page and revise the effective date above. If we make material changes to how we use personally identifiable information already collected, we will provide notice and, where required, an opportunity to opt out before applying the change to that information, consistent with our commitment above. Your continued use of the Website after an updated Privacy Policy is posted constitutes your acknowledgment of the updated policy.

How to Contact Us

Should you have other questions or concerns about these privacy policies, or if you would like to make a complaint, please call us at (801) 566-0240, send an email to customersupport@goaxil.com, or write to us by mail at AXIL Brands Inc., 777 S Auto Mall Dr #107, American Fork, UT 84003.

Opting Out

If you would like to unsubscribe from our communications, you may do so at any time. For marketing emails, click the unsubscribe link in any email, call us at (801) 566-0240, or send an email to customersupport@goaxil.com. For text messages, reply STOP to any message we send you, or use any of the other reasonable opt out methods described in the Text Messaging (SMS/MMS) Program section above. For interest based advertising, use the tools described in the Remarketing and Interest Based Advertising section and the Your United States State Privacy Rights section above. Please note that even after you opt out of marketing communications, we may continue to send you transactional and relationship messages, such as order confirmations, shipping notices, and responses to your inquiries.

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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