Terms of service

OVERVIEW Welcome to AxonFlyFishing! The terms "we," "us," and "our" refer to AxonFlyFishing. AxonFlyFishing operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (the "Services"). AxonFlyFishing uses the Shopify platform, which enables us to offer you the Services. The terms and conditions below, along with the policies referenced therein (the "Terms of Use" or "TOU"), describe your rights and responsibilities when using the Services. Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 – ACCESS AND ACCOUNT By accepting these Terms of Use, you represent that you have reached the age of majority in your state or province of residence and give us your consent to allow your minor children to use the Services on devices you own, purchase, or manage. To use the Services, including to access or browse our online stores or to purchase any products or services we offer, you may be asked to provide certain information such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to share such information. You are solely responsible for the security of your account credentials and any activity associated with your account. You may not transfer, sell, assign, or sublicense your account to another person.

ARTICLE 2 – OUR PRODUCTS We have made every effort to accurately represent our products and services in our online stores. However, please note that colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store and its settings and configuration. We do not guarantee that the appearance or quality of products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online stores. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic area, or jurisdiction on a case-by-case basis.

ARTICLE 3 – ORDERS When you place an order, you are making an offer to purchase. AxonFlyFishing reserves the right to accept or refuse your order for any reason, at its discretion. Your order is only considered accepted upon written confirmation from AxonFlyFishing. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as AxonFlyFishing may not be able to accommodate cancellation requests once an order is confirmed. In the event your order is refused, modified, or cancelled, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of ordering. Your purchases are subject to our return or exchange conditions in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are intended for personal or domestic use, and not for commercial resale or export.

ARTICLE 4 – PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling charges, customs duties, or import fees. Prices displayed in our online stores may differ from those offered in our physical locations or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect prices and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use that card for the purchase; (iii) charges incurred will be honored by your card issuer; and (iv) you will pay all charges at the stated prices, including shipping and handling fees and all applicable taxes.

ARTICLE 5 – SHIPPING AND DELIVERY We cannot be held responsible for shipping or delivery delays. All delivery timeframes provided are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs procedures, or any event beyond our control. Once products are handed over to the carrier, ownership and risk of loss transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade names, texts, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of AxonFlyFishing, its subsidiaries, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws. These Terms authorize you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of AxonFlyFishing, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by AxonFlyFishing. The names, logos, product and service names, designs, and slogans of AxonFlyFishing are trademarks of AxonFlyFishing, its subsidiaries, or its licensors. You may not use them without the prior written authorization of AxonFlyFishing. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS You may have access to third-party customer tools provided through the Services, tools which we do not monitor and over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement from us. We shall have no liability arising from or relating to your use of optional third-party tools. Your use of any optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which those tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features and functionality through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk. We disclaim all liability for any harm or damages related to your access to third-party websites, or to the purchase or use of products, services, resources, or content on those sites. We encourage you to carefully review the policies and practices of any third parties and to make sure you understand them before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY [MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.] AxonFlyFishing is powered by Shopify, which enables us to offer you the Services. However, any sale or purchase made in our Store is conducted directly with AxonFlyFishing. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of sales between you and AxonFlyFishing, including any damage, harm, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transaction with AxonFlyFishing.

ARTICLE 10 – PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies. As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transferred to and shared with Shopify, as well as third parties that may be located in countries different from your own, in order to provide you with the services. Please see our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display that Feedback for any purpose, including commercial purposes. We may, for example, exercise our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use. You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; (iii) your Feedback complies with these Terms. We are not and will not be under any obligation to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service. You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, nor any computer viruses or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We accept no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including information relating to product descriptions, pricing, promotions, offers, shipping fees, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders in the event of any inaccuracy, at any time and without prior notice (including after your order has been submitted).

ARTICLE 13 – PROHIBITED USES You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes the intellectual property rights of AxonFlyFishing, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, use, or re-use any content that does not comply with these Terms; (g) to transmit or cause the transmission of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm AxonFlyFishing, Shopify, users of the Services, or expose any of them to liability. In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use bots, spiders, scrapers, data mining or extraction tools, automated devices, AI tools (including agentic AI), or any other automated or manual means to access the Services; (f) interfere with, circumvent, or bypass any security or authorization features, robot exclusion headers, or any other measures we put in place to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – AGENTS 14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of or at the direction of a person or entity, and that may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may restrict, including through technical means, the ability and manner in which an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) honestly respond to any question or prompt designed to determine whether interactions originate from a human or a computer; (iv) not circumvent or evade any measures designed to block, limit, modify, or control Agents' access, use, or interactions with the Services.

ARTICLE 15 – TERMINATION We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts owing up to and including the date of termination. The following provisions will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions whose nature implies they should survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of its contents. EXCEPT AS EXPRESSLY STATED BY AXONFLYFISHING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 – LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AXONFLYFISHING, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY CLAIM, LOSS, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 18 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless AxonFlyFishing, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party and arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any claim covered by this indemnification, provided that failure to provide timely notice will not relieve you of your obligations unless you suffer material prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of any claim covered by this indemnification, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY In the event that any provision of these Terms of Use 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 severed from these Terms of Use. Such a determination shall not affect the validity or enforceability of any other remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Use, together with any policies or operating rules posted by us on this site or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted unauthorized assignment shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW These Terms of Use, as well as any separate agreements whereby we provide you with the Services, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the courts having jurisdiction in the jurisdiction where AxonFlyFishing is headquartered. You and AxonFlyFishing expressly consent to the territorial and personal jurisdiction of such courts.

ARTICLE 23 – HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 24 – CHANGES TO TERMS OF USE You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION Questions about the Terms of Use should be sent to us at: contactinfo@axonflyfishing.com

AxonFlyFishing contactinfo@axonflyfishing.com