TERMS OF SERVICE

 

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, online stores, products, content, features, communications, and other services offered by Axe & Sledge Supplements (“Axe & Sledge,” “we,” “us,” or “our”) (collectively, the “Services”).

Please read these Terms carefully. By accessing or using our Services, creating an account, or purchasing a product from us, you agree to these Terms and any policies incorporated into them by reference.

If you do not agree to these Terms, you should not use our Services.

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer products and Services to you.

1. ELIGIBILITY AND ONLINE STORE TERMS

By using our Services, you represent that you are at least the age of majority in your state or jurisdiction of residence or otherwise have the legal capacity to enter into these Terms.

If you permit a minor under your supervision to access the Services, you are responsible for that minor's use of the Services to the extent permitted by applicable law.

You may not use our Services or products for any illegal or unauthorized purpose or violate any applicable federal, state, local, or international law or regulation.

You may not transmit viruses, malware, worms, malicious code, or other technology intended to damage, interfere with, or gain unauthorized access to the Services or another system.

2. ACCOUNTS

Certain features of the Services may permit or require you to create an account.

You agree to provide accurate, current, and complete information and to keep your information updated.

You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account.

You must promptly notify us if you believe your account has been accessed or used without authorization.

We reserve the right to suspend, restrict, or terminate accounts where reasonably necessary to protect Axe & Sledge, our customers, our Services, or other parties.

3. PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to accurately display and describe our products, including product images, ingredients, sizes, flavors, packaging, and other characteristics.

However, product appearance may vary, and colors displayed on a device may differ from the actual product.

Packaging, formulations, ingredients, product names, designs, availability, and other product characteristics may change from time to time.

You should always review the physical product label, Supplement Facts or Nutrition Facts panel, ingredient list, allergen information, warnings, and directions before using a product.

Products and Services may be available exclusively online and may have limited quantities.

We reserve the right to discontinue or modify products at any time, subject to applicable law.

4. DIETARY SUPPLEMENTS AND HEALTH INFORMATION

Certain Axe & Sledge products are dietary supplements.

Information made available through our Services is provided for general informational and educational purposes and is not intended to constitute medical advice, diagnosis, or treatment.

You should consult an appropriately qualified healthcare professional regarding questions about your health, medical conditions, medications, dietary supplements, exercise program, or use of our products.

Individual experiences and results may vary.

Testimonials, reviews, athlete statements, influencer content, and customer experiences represent individual experiences and should not be interpreted as guarantees that you will achieve the same or similar results.

Where applicable to claims regarding our dietary supplement products:

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.

Nothing contained in the Services should be interpreted as representing that a dietary supplement is intended to diagnose, treat, cure, or prevent any disease.

5. PRODUCT WARNINGS

You are responsible for reviewing and following all directions and warnings appearing on the product you purchase.

Certain products may not be appropriate for everyone.

Consult a qualified healthcare professional before using a dietary supplement if you are pregnant or nursing, taking medication, have a medical condition, are planning a medical procedure, or have questions regarding whether a product is appropriate for you.

Keep products out of reach of children.

Additional warnings, contraindications, age restrictions, caffeine warnings, allergen information, and directions may apply to individual products and will be identified on the applicable product labeling.

The product's actual label should be reviewed before use.

6. ALLERGEN INFORMATION

Some Axe & Sledge products are manufactured or processed in facilities that also process common allergens.

Please review the allergen statement and ingredient information on the applicable product before use, particularly if you have a known food allergy or sensitivity.

Product-specific allergen information on the product label controls over generalized information appearing elsewhere on the Services.

7. CALIFORNIA PROPOSITION 65

Certain products may carry warnings pursuant to California Proposition 65.

Where applicable, additional information regarding Proposition 65 warnings is available through California's official Proposition 65 resources.

A Proposition 65 warning does not necessarily mean that a product violates a product-safety standard or requirement.

8. ORDERS

All orders are subject to acceptance and availability.

We reserve the right, to the extent permitted by law, to refuse, limit, or cancel an order.

This may include orders that we reasonably believe:

  • contain incorrect pricing or product information;

  • result from technical or system errors;

  • involve suspected fraud or unauthorized activity;

  • violate purchase limits or promotional terms;

  • are intended for unauthorized resale or distribution; or

  • otherwise violate these Terms.

If we cancel an order after payment has been processed, we will provide an appropriate refund for the canceled portion of the order.

We may attempt to contact you using the email address or telephone number provided with your order if we modify or cancel an order.

9. PRICING AND PAYMENT

Prices, discounts, promotions, and product availability may change without notice.

You agree to provide current, complete, and accurate billing and payment information.

You authorize us and our payment providers to charge the payment method you provide for your order, including applicable taxes, shipping charges, and other disclosed charges.

If a pricing, promotional, or other material error occurs, we reserve the right to correct the error and, where appropriate, cancel or modify the affected transaction subject to applicable law.

10. PROMOTIONS AND DISCOUNT CODES

Promotions, discount codes, free gifts, giveaways, sweepstakes, loyalty benefits, and similar offers may be subject to additional terms.

Unless otherwise stated, promotional offers:

  • cannot be combined with other offers;

  • have no cash value;

  • may be limited to one per customer or household;

  • may exclude certain products;

  • may be modified or terminated as permitted by law; and

  • are void where prohibited.

We reserve the right to cancel or withhold promotional benefits where we reasonably determine there has been fraud, abuse, manipulation, or a violation of the applicable promotional terms.

11. SHIPPING AND DELIVERY

Shipping and delivery dates are estimates unless expressly stated otherwise.

Delivery may be affected by carriers, weather, supply-chain disruptions, address errors, holidays, or circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

Shipping, tracking, and post-purchase services may be provided through third-party providers, including AfterShip and other shipping or logistics providers.

12. RETURNS, EXCHANGES, AND REFUNDS

Returns, exchanges, and refunds are governed by our then-current Return Policy.

Return and exchange services may be facilitated through Redo or other third-party providers.

Our Return Policy is incorporated into these Terms by reference.

Nothing in these Terms limits any non-waivable consumer right available under applicable law.

13. INTELLECTUAL PROPERTY

The Services and their contents—including trademarks, logos, product names, designs, graphics, photographs, videos, text, software, audio, and other materials—are owned by or licensed to Axe & Sledge and are protected by applicable intellectual-property laws.

Axe & Sledge®, associated logos, product names, trade dress, graphics, and other brand elements may not be copied, reproduced, modified, distributed, displayed, or commercially exploited without our prior written permission, except as permitted by law.

No license or ownership interest is granted to you except for the limited right to access and use the Services for their intended personal, non-commercial purpose.

14. USER CONTENT, REVIEWS, AND SUBMISSIONS

You may have opportunities to submit reviews, photographs, videos, comments, feedback, ideas, or other content (“User Content”).

You represent that you have the rights necessary to submit your User Content and that it does not violate any law or third-party right.

By submitting User Content to us, you grant Axe & Sledge a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, display, distribute, and otherwise use that User Content in connection with operating, promoting, advertising, and marketing Axe & Sledge and our products and Services, to the extent permitted by law.

You retain ownership of rights you otherwise hold in your User Content.

We may remove or decline to display User Content that violates these Terms or applicable law.

15. REVIEWS AND TESTIMONIALS

Reviews and testimonials reflect the experiences and opinions of the individuals providing them.

Individual results may vary.

We do not represent that a particular testimonial or review reflects the typical experience of every customer.

Where a reviewer, athlete, ambassador, affiliate, or influencer has a material relationship with Axe & Sledge, appropriate disclosures should be made as required by applicable advertising law and our applicable program policies.

16. THIRD-PARTY SERVICES AND LINKS

Our Services may integrate with or contain links to third-party platforms, applications, websites, and services.

These may include providers supporting payments, advertising, analytics, marketing, shipping, returns, customer communications, ambassador programs, social media, and online communities.

Third parties maintain their own terms and privacy practices.

We are not responsible for third-party websites or services that we do not own or control, except to the extent responsibility cannot legally be excluded.

17. PROHIBITED USES

You may not use the Services to:

  • violate applicable law;

  • infringe intellectual-property or other rights;

  • impersonate another person;

  • submit materially false or misleading information;

  • transmit malware or malicious code;

  • gain unauthorized access to accounts, systems, or networks;

  • scrape, crawl, harvest, or systematically collect information except as permitted by law or authorized by us;

  • interfere with the operation or security of the Services;

  • engage in fraud or abusive purchasing practices;

  • circumvent purchase, promotional, or security restrictions;

  • harass, threaten, or unlawfully discriminate against others; or

  • use the Services for unlawful, fraudulent, or malicious purposes.

We may restrict or terminate access for violations of these Terms.

18. MOBILE TERMS OF SERVICE

Axe & Sledge SMS Program

The Axe & Sledge mobile messaging program (the “Mobile Program”) is operated by Axe & Sledge Supplements.

By affirmatively opting into the Mobile Program, you agree to these Mobile Terms and consent to receive recurring text messages from or on behalf of Axe & Sledge at the mobile telephone number you provided.

Messages may include marketing and promotional messages, product announcements, special offers, abandoned-cart or checkout reminders, and other marketing communications.

Where you separately request or agree to them, messages may also include transactional or service-related communications such as order or account information.

Consent Is Not Required to Purchase

Your consent to receive marketing text messages is voluntary and is not a condition of purchasing any goods or services from Axe & Sledge.

Automated Technology

Messages may be sent using an automatic telephone dialing system or other automated technology where permitted by applicable law.

Message Frequency and Charges

Message frequency varies.

Message and data rates may apply according to your wireless plan.

Axe & Sledge does not charge a separate fee for participating in the Mobile Program, but your wireless carrier may impose charges.

You are responsible for charges imposed by your carrier.

Opting Out

You may revoke your consent and opt out of marketing text messages at any time.

Reply STOP to a marketing message to opt out.

We will also honor other clear and reasonable requests to revoke consent as required by applicable law, which may include replies such as QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE.

After opting out, you may receive a one-time message confirming your opt-out.

If you are enrolled in multiple distinct Axe & Sledge messaging programs, you may need to opt out of each program separately where permitted by applicable law.

Opting out of marketing messages does not necessarily prevent us from sending messages you specifically request or certain non-marketing transactional communications permitted by law.

Help

For assistance with the Mobile Program, reply HELP or contact us at:

info@axeandsledge.com

You may also contact us regarding the Mobile Program at:

+1 (844) 708-1459

Changing or Disconnected Numbers

You agree to provide a valid mobile telephone number.

If you change, transfer, deactivate, or relinquish the mobile number you used to enroll in the Mobile Program, you should opt out before relinquishing that number or otherwise notify us that the number is no longer yours.

Carriers

Wireless carriers are not liable for delayed or undelivered messages.

Delivery of messages is subject to effective transmission by your wireless carrier and is outside our complete control.

Privacy

Information collected through the Mobile Program is processed as described in our Privacy Policy.

We may use service providers, including Postscript, to operate and administer the Mobile Program.

Changes or Termination

We may modify, suspend, or discontinue the Mobile Program or these Mobile Terms from time to time, subject to applicable law.

Material changes will be communicated where required by law.

Your participation in the Mobile Program is also subject to applicable federal and state telecommunications and consumer-protection laws.

19. EMAIL COMMUNICATIONS

If you subscribe to marketing emails, you may unsubscribe using the unsubscribe link included in our marketing emails.

Unsubscribing from marketing emails does not prevent us from sending transactional or service communications relating to purchases, accounts, security, or other non-marketing matters where permitted by law.

20. PRIVACY

Our collection and processing of personal information is described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference where applicable.

21. SERVICE AVAILABILITY

We may modify, suspend, discontinue, or restrict all or part of the Services from time to time.

We do not guarantee that the Services will always be available, uninterrupted, secure, or error-free.

We may perform maintenance, updates, or modifications without prior notice where reasonably necessary.

22. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

AXE & SLEDGE DISCLAIMS WARRANTIES, REPRESENTATIONS, AND CONDITIONS NOT EXPRESSLY PROVIDED IN THESE TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

23. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXE & SLEDGE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Some jurisdictions do not allow certain limitations or exclusions, so portions of this section may not apply to you.

24. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Axe & Sledge and its affiliates, officers, directors, employees, agents, contractors, service providers, and licensors from third-party claims, damages, liabilities, losses, and reasonable costs arising from your unlawful misuse of the Services, violation of these Terms, or violation of another person's rights.

25. TERMINATION

These Terms remain effective while you use the Services.

We may suspend or terminate your access to all or part of the Services if you materially violate these Terms, engage in fraudulent or unlawful conduct, threaten the security or operation of the Services, or where otherwise permitted by law.

Provisions that by their nature should survive termination will survive.

26. GOVERNING LAW

These Terms and your use of the Services are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles, except to the extent applicable law requires otherwise.

Nothing in these Terms deprives you of mandatory consumer protections available under the laws applicable to you.

27. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will remain in full force and effect.

28. WAIVER

Our failure to enforce a provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

29. ENTIRE AGREEMENT

These Terms and the policies expressly incorporated into them constitute the agreement between you and Axe & Sledge concerning your use of the Services and supersede prior versions concerning the same subject matter.

30. CHANGES TO THESE TERMS

We may update these Terms periodically to reflect changes to our Services, business practices, technology, or legal requirements.

When we update these Terms, we will revise the Last Updated date above.

Where required by law, we will provide additional notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

31. CONTACT INFORMATION

Questions regarding these Terms or our Services may be directed to:

Axe & Sledge Supplements
365 Plum Industrial Court
Pittsburgh, PA 15239

Email: info@axeandsledge.com