TERMS OF USE

Last Updated: March 24, 2026

Please review the following terms and conditions ("Terms") that govern your use of and purchase of products from (collectively, "Use") Exxel.com and any Exxel Outdoors brand mobile applications (collectively, our "Site"). The Site is provided by Exxel Outdoors, LLC ("Exxel"). By creating an Account or otherwise accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms.

THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN SECTION 14, BELOW. PLEASE REVIEW CAREFULLY.

1. Eligibility
You must be at least 13 years old to Use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Accounts & Registration
You must set up a user account to use certain features of the Site ("Account"), such as when you register for a shopping account and participate in services including Product Reviews. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify Exxel customer service immediately of any unauthorized use or any other breach of security on your Account. Exxel will not be liable for losses incurred because of an unauthorized use of a password or account. Personal information submitted through the Site is governed according to Exxel’s Privacy Policy.

3. Availability of Products
Product availability on our Site is not guaranteed as it may be low in stock. If product is not available by the time your order processes, we will notify you via email. You can always verify availability by contacting Customer Service.


4. Information About Products

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. 

5. Transactions
We reserve the right to refuse or cancel any order you place on the Site, including for pricing errors.

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS YOU USED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

6. Site Contents
The graphics, images, photographs, videos, visual interfaces, design, audio, data, information, computer code, items, materials, and content of the Site, the Site as a whole, and all elements of the Site (collectively, "Contents") are protected by trademark, trade dress, patent, copyright, or other intellectual property rights. All Contents are owned, controlled, or licensed by Exxel or its subsidiaries and affiliates. Exxel reserves all rights to the Contents not granted expressly in these Terms. Except as expressly permitted by applicable law or by this Agreement, you may not use the Contents without Exxel’s express written consent.    Any material downloaded or otherwise obtained through the Use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. Nothing in this Section restricts a consumer from making lawful, non-commercial statements about Exxel or its products, including posting reviews or commentary that reference our name, trademarks, or product images for identification purposes.

Exxel grants you a limited license to access and Use the Site and the Content solely for your personal, noncommercial Use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial Use only. No right, title, or interest in any Contents is granted or transferred to you because of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law and may result in severe civil and criminal penalties.

7. Comments, Feedback & Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Exxel using this Site or otherwise (collectively, "Comments") are not confidential. You hereby grant us an unrestricted, perpetual, non-exclusive, irrevocable, fully paid, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the Site and create other products and services. Nothing in the agreement waives or limits any consumer rights under California Civil Code 1670.8 or other laws and regulations, to make public statements about their experiences with Exxel.

8. Privacy
Any personal information that you provide to Exxel is subject to our Privacy Policy. Please review the Privacy Policy for more information about how we collect and use personal information.

9. User Content
Certain features of the Site may permit users to upload, submit, and post content to the Site, including reviews, messages, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Site. Exxel uses a variety of third-party social media websites, communication services, and media channels such as Instagram, Facebook, and Twitter (collectively, "Social Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.

Exxel does not endorse, support, authorize, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs, or otherwise contained in the Site and expressly disclaims any and all liability in connection with User Content submissions. Exxel disclaims any and all liability in connection with User Content, and you agree that Exxel and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content.

If you are an Exxel employee and submit a review as part of your User Content, you must disclose your employment status within that review.

By providing User Content via the Site or Social Media Assets, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Exxel and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Exxel, the Site, and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Exxel to violate any law or regulation or otherwise cause liability for Exxel;

c) if you are an Exxel employee, that you have disclosed this fact in any review you have submitted; and

d) your User Content could not be deemed by a reasonable person to be objectionable, threatening, harassing, profane, indecent, pornographic, embarrassing, hateful, or otherwise inappropriate

10. License to Your Content
By posting, displaying, uploading, or providing User Content to the Site or Social Media Assets, you hereby grant Exxel a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, transmit, translate, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Content to or via the Site to other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.

11. Sole Discretion to Edit or Screen Content
Exxel does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, Exxel is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. Exxel reserves the right, but undertakes no duty, to at any time and without prior notice to screen, review, edit, remove, move, block, or delete any User Content that is unlawful, harmful, or otherwise violates these terms, in its sole discretion, without notice. If at any time Exxel chooses, in its sole discretion, to monitor the Site, Exxel nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.

12. Acceptable Use
You are responsible for your Use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you Use the Site, you may not:

  • violate any law or regulation;
  • post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
  • submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation;
  • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • alter or tamper with any Contents, information, or materials on or associated with the Site;
  • submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
  • transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
  • disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • impede or interfere with others' Use of the Site;
  • abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
  • use any means to scrape or crawl any web pages contained on the Site;
  • use any robots, spiders, scrapers, or any other automated means to access the Site for any purpose;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site;
  • attempt to frustrate the purpose of the Site or these Terms; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Exxel may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

13. Disclaimer, Limitation of Liability & Indemnity
THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. EXXEL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXXEL DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH EXXEL ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER EXXEL NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

EXXEL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF EXXEL’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EXXEL AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM MUST BE PROVIDED TO EXXEL WITHIN TWELVE (12) MONTHS OF ITS ACCRUAL OR YOU AGREE THAT IT IS FOREVER WAIVED AND TIME-BARRED.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to Exxel through the Site during the prior twelve (12) months.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.


14. Class Action Waiver and Jury Trial Waiver

Class Action Waiver

You and Exxel each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and Exxel agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

Jury Trial Waiver

To the fullest extent permitted by applicable law, you and Exxel waive the right to a jury trial.

15. Applicable Law & Venue
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be applicable federal laws, and the laws of the State of Colorado, USA, without regard to principles of conflict of laws. You agree that all matters relating to your access to or Use of the Site, including all disputes and claims, will be governed by the laws of the United States and by the laws of the State of Colorado.

Unless you and Exxel agree otherwise, to the fullest extent permitted by law, the state and federal courts in Denver, Colorado, will have exclusive jurisdiction over any disputes and claims (except for those brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Terms, including the Dispute Resolution Section or any of its provisions. You and Exxel consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

16. Links to Other Websites & Services
This Site may include links to other websites maintained by third parties ("Linked Sites"). Exxel provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Exxel of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Exxel Site. Linked Sites are not under the control of Exxel and Exxel is not responsible for the contents of any Linked Site.

17. MOBILE TERMS AND CONDITIONS

Last updated: April 15, 2026

The Kelty mobile SMS/text messaging service (the "Service") is operated by Kelty (“Kelty”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service beginning on the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Kelty’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kelty through your mobile provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kelty. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your mobile provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your mobile provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your mobile provider.

You may opt-out of the Service at any time. Text the word STOP to +1 866 932 0509 or click the unsubscribe link (where available) in any text message to cancel. This number is intended solely for sending and receiving text messages related to our SMS program; it is not monitored for voice calls, and we do not respond or provide customer support through this number. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kelty mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email kelty@warranty.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The mobile carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

18. Termination
These Terms constitute an agreement that is effective unless and until terminated by Exxel. Exxel may, at its sole discretion, terminate these Terms or your Account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your Account at any time by contacting Exxel’s customer service.  If in Exxel sole discretion you fail to comply with any term or provision of these Terms, Exxel may terminate your Account and deny you access to the Site. In the event of denial of access by Exxel, you are no longer authorized to access the Site. Upon termination of these Terms: (a) you must immediately cease Use of the Site; (b) you will no longer be authorized to access your Account or the Site; and (c) the following Sections will survive termination: Sections 6, 8, 9, 12, 13, 16, and all other provisions of these Terms which are by their nature intended to survive termination.

19. Additional Terms

We reserve the right to modify, suspend, or discontinue the Site and any service, features, content, or products offered through the Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you Use the Site, you should review the current Terms. Your continued Use of the Site will constitute your acceptance of the current Terms.

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.

RELATED POLICIES

We respect your right to privacy. To learn how we collect and use your personal information, please see our Privacy Policy.

By using this site, you also agree to our [Privacy Policy], [Return Policy], and [Warranty Policy].