Last updated: March 1, 2023
Introduction
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your access to and use of our website ragebroadheads.shop (the “Website“) and our online store, products, services, mobile applications, and any content or material provided through our Website or services (“Services”) offered by Rage Broadheads® Crossbow Broadheads, 3 Blade Broadheads (“Rage Broadheads”, “we”, “us” or “our”).
Please read these Terms and Conditions carefully before using our Website or Services. By accessing or using any part of our Website or Services, you agree to become bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access or use our Website or Services. If these Terms and Conditions are inconsistent with any supplemental terms that apply to certain Services you obtain from us, the supplemental terms will control with respect to those Services.
We may amend these Terms and Conditions from time to time and without notice. Please check back regularly to keep informed of updates to these Terms, as your continued access or use of our Website or Services indicates your agreement and acceptance of the updated Terms.
You must be at least 18 years of age to access or use our Website or Services. If you are under 18 years old, you may not use our Website or Services. Please review our Privacy Policy to learn more about how we collect, use and disclose personal information about our users.
Services Offered
Our Website offers crossbow broadheads and archery accessories for sale. You must register an account and place an order to purchase products. Additional services we provide through our Website include:
- Browsing products, prices, sales and deals
- Reading product descriptions, reviews, blogs
- Creating and managing a user account
- Placing, tracking and managing orders
- Participating in community discussions and forums
- Subscribing to marketing communications
- Submitting questions, comments or requests to our support team
Registration and Accounts
You may browse certain sections of our Website without registering an account or providing any personal information. However, to have full access to our Website and Services, you must register for an account.
Account Creation: To create an account, you must provide your name, valid email address, and create a password. You must be at least 18 years old to create an account. You agree to provide true and accurate information when creating your account.
Account Responsibilities: You are responsible for maintaining the confidentiality of your login credentials and agree not to share your account information with others. You also agree to promptly notify us if you discover or suspect any unauthorized use of your account. You are fully responsible for all activities that occur under your account.
Account Security: You take full responsibility for taking precautions and maintaining adequate security measures to protect your account credentials. We are not liable for any loss or damage from your failure to comply with this security obligation.
Account Termination: You may terminate your account at any time by contacting us. We reserve the right to suspend or terminate accounts that violate these Terms and Conditions or pose undue burden or risk to our business, as determined in our sole discretion. We also reserve the right to terminate accounts that remain inactive for prolonged periods.
Orders and Payment
Order Process: To purchase products on our Website, you must be a registered user and place an order by selecting products, quantities, delivery method and completing checkout. All orders are subject to acceptance, availability of products and validation of your payment method.
Order Confirmation: We will send you an order confirmation by email with details of the products you purchased. This constitutes our acceptance of your order. All product images, descriptions and prices were accurate at the time you submitted your order, but we reserve the right to make adjustments if there are typos or errors. If a product becomes unavailable or pricing changes before we ship your order, we will notify you and you may cancel your order or make alternate selections.
Payments: All orders must be prepaid using a valid credit or debit card. We accept Visa, MasterCard, American Express and Discover. You represent that you have authorization to use the payment method submitted. If payment authorization fails or charges are declined, we reserve the right to cancel your order.
Taxes: Applicable sales tax will be collected for orders, based on state and local tax laws. Tax exemption must be verified on orders.
Shipping and Delivery: All shipping and delivery terms presented during checkout will apply to your order. We make efforts to deliver products within the estimated timeframes, but cannot make guarantees. We provide tracking information when available for shipments. We may require an adult signature upon delivery if ordered products require age validation.
Returns: If you are not fully satisfied with a product for any reason, you may request a refund or exchange by contacting our customer support team within 30 days of delivery. Refunds and exchanges are handled on a case-by-case basis. Products must be in original packaging and condition to qualify. You are responsible for return shipping costs unless the return is due to our error.
Usage Restrictions
You agree to only use our Website and Services for authorized and legal purposes. You will not misuse or make improper use of our Website or Services. We reserve the right to restrict, suspend or terminate any user account or access that violates these Terms and Conditions or disrupts our Website or Services. To access certain features of our Website or Services, you may be required to download content, software, or mobile applications. Use of downloaded content or software is subject to these Terms as well as any additional license terms that accompany the download. You may not modify, publish, transmit, reuse, repost, or use the content or intellectual property of our Website or Services without express written permission. You own and are responsible for any content, messages, or materials you submit or post to our Website or Services. We are not liable for loss or damage from your failure to comply with these requirements. Violation may also lead to account termination.
User Content
User Content: You are solely responsible for any content, materials or information (“User Content“) that you submit, post or share on or through our Website or Services. By providing User Content, you grant us an irrevocable, worldwide, royalty-free, sub-licensable, perpetual license to use, copy, modify, create derivative works from, distribute, publicly display, and otherwise exploit the User Content in any manner.
Representations: You represent and warrant that: 1) You either are the sole owner of all copyright and other intellectual property rights in the User Content or have the express consent to grant the license rights to the User Content as stated above; and 2) Sharing, distribution or use of your User Content will not violate any law or infringe any rights of any third party.
Enforcement: We have the right but not obligation to monitor, edit or remove any User Content. Your permission to use our Website or Services is revoked if you violate these Terms and Conditions or post objectionable User Content. We take no responsibility and assume no liability for any User Content submitted by you or a third party.
Intellectual Property Rights
Ownership: Our Website, Services and all the materials and content appearing on or delivered through our Website or Services are protected by copyright, trademark, service mark, patent or other proprietary rights and laws. All of these rights are owned by and remain solely with Rage Broadheads and our licensors.
Restrictions: You must obtain our written permission before using any materials or content from our Website or Services apart from as intended through ordinary access and use. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Website, Services, or content in whole or in part except as expressly authorized. Using our trademarks, logos, branding or other elements without our express written consent is not permitted.
Disclaimers and Liabilities
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES AND RELATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND — EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT CONTENT IS TRUE, ACCURATE OR COMPLETE, THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED ON THIRD PARTY WEBSITES. YOU USE OUR WEBSITE, SERVICES, AND CONTENT AT YOUR OWN RISK.
Limitations of Liability
IN NO EVENT SHALL RAGE BROADHEADS, OUR PARENT, SUBSIDIARIES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF OUR WEBSITE, SERVICES OR CONTENT. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY ON WHICH LIABILITY MIGHT BE BASED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.
Additional Limitations
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS OR LIMITATIONS ON LIABILITY, SO ONLY THOSE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WE ENFORCE A MONETARY LIMIT ON THE AMOUNT WE ARE LIABLE TO YOU FOR ANY REASON. IN NO EVENT WILL OUR TOTAL MONETARY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE, SERVICES OR CONTENT EXCEED THE GREATER OF $100 USD OR THE TOTAL FEES PAID BY YOU TO ACCESS OR USE OUR WEBSITE OR SERVICES IN THE PAST 12 MONTHS.
THESE EXCLUSIONS, DISCLAIMERS, AND LIMITATIONS APPLY TO ALL CAUSES OF ACTION, IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
Indemnification
You agree to defend, indemnify and hold harmless Rage Broadheads, our parent, subsidiaries, affiliates, vendors, licensors and members, including employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your access and use of our Website, Services or any third party services accessed through our Website;
- Any User Content you submit, post, transmit through our Services;
- Your violation of these Terms and Conditions;
- Your violation of any third party rights, including any intellectual property rights or privacy rights.
This indemnification obligation will survive the termination of your account or these Terms and Conditions. You agree that the provisions in this section will apply even if you allege that any content or materials submitted by you were removed, deleted or restricted in bad faith. Our defense and indemnification rights extend to our parent, subsidiaries, affiliates, vendors, licensors and all respective employees.
Modifications
We reserve the right to modify or replace these Terms and Conditions in our sole discretion at any time. The most current version of the Terms and Conditions will be available on our Website. You are responsible for checking for updates regularly. Your continued access or use of our Website or Services constitutes agreement and acceptance of any modifications made to these Terms and Conditions. If you do not agree to the amended terms, you must discontinue using our Website and Services immediately.
Governing Law
These Terms and Conditions and any dispute or claim arising out of or related to these Terms and Conditions, their subject matter or formation will be governed by the laws of the State of Arkansas without regards to its conflicts of laws provisions. Any legal actions, claims or demands arising from our Terms and Conditions will be handled exclusively in the state or federal courts located in Benton County, Arkansas. You consent and submit to the personal jurisdiction of those courts for the purposes of any action.
Contact Us
If you have any questions about our Terms and Conditions, please contact us at:
Email: [email protected]
Phone: (800) 555-1234
Address: 123 Rage Lane, Broadheadville, AR 72636, United States
Severability
If any provision of these Terms and Conditions is deemed unlawful, invalid or unenforceable by a court of competent jurisdiction, these Terms and Conditions will remain in effect apart from such provision. The remainder of the Terms will be valid and enforceable to the fullest extent permitted by law.
No Waiver
Our failure to exercise or enforce rights or provisions of these Terms and Conditions does not constitute waiver of any provision or right.
Miscellaneous Terms
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Rage Broadheads related to your access and use of our Website, Services and related content. These Terms supersede any prior agreements or representations.
Headings: Headings and titles used in these Terms are for reference purposes only and do not affect the meaning or interpretation of the terms.
Language: These Terms were originally written in English (US). Any non-English translations are provided for reference only. The meanings of any translated terms will be interpreted in reference to the original English meanings.
Force Majeure: We will not be liable for any failure or deficiencies in performance of obligations due to causes beyond our reasonable control. This includes, without limitation, natural disasters, war, acts of terrorism, civil disturbances, total or partial failure of third party networks or services, changes in laws or regulations, strikes, acts of god or acts by authorities.
Assignability: You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations contained in these Terms without our express written consent. We reserve right to freely assign or transfer these Terms and Conditions.
Contact Us: Please contact us with any questions about these Terms and Conditions using the contact information provided at the top of this page. Thank you for visiting our Website!