Terms and Conditions

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Consent to Terms

These Terms of Use will govern your use of our Axum Phoenix LLC Website or any features of this site, including, but not limited to, online ordering, placing testimonials or requesting catalogs (collectively, " Axum Phoenix LLC Website"). By using the Axum Phoenix LLC Website, you agree to be bound by these Terms of Use and the Privacy Policy. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Axum Phoenix LLC Website. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective upon posting. Your continued use of the Axum Phoenix LLC Website following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Copyrights

Any and all elements, components, photos, content, and executables of the Axum Phoenix LLC Website are protected by U.S. and international copyright and trademark laws. Axum Phoenix LLC owns all rights, titles and interest including all intellectual property rights, in and to, Axum Phoenix LLC: all elements, components, photos, content and executables. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, photos, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted or Intellectual property or otherwise material on the Axum Phoenix LLC Website without the prior written consent of Axum Phoenix LLC. All rights not expressly granted in these Terms of Use are reserved to Axum Phoenix LLC.

Rules of Use of the Axum Phoenix LLC Website

By using the Axum Phoenix LLC Website, including by submission of comments, photographs, e-mails or other content or materials, on or through the Axum Phoenix LLC Website, you agree to the following rules:

You must be at least eighteen (18) years of age to post, upload, transmit or submit for posting on the Axum Phoenix LLC Website or for use in any media, any content, materials or personally identifying information, participate in any online contests or place an order through the Axum Phoenix LLC Online Shop.

You may not post, upload, transmit or submit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights or that constitutes hate speech.

You may only post, upload, transmit or submit materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, photos, privacy, personal, publicity, moral or proprietary rights.

You may not post, upload, transmit or submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, or device. You may not use the Axum Phoenix LLC Website to distribute chain letters, mass mailings, "spam" or otherwise duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Axum Phoenix LLC Website.

By posting, uploading, transmitting or submitting any content or material on or through the Axum Phoenix LLC Website, you hereby grant Axum Phoenix LLCa non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sub-license, modify, transmit, publicly perform or display that content or material, and your name and location (city, state and/or country) if you provide that information to us, in connection with that content material, in all media, whether or not now known, and pursuant to any other license terms that may otherwise be set forth in these Terms of Use.

Any non-personal communication or material you transmit to the Axum Phoenix LLC Website by electronic mail or otherwise, including any photographs, data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Axum Phoenix LLC and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Axum Phoenix LLC free to use for any purpose whatsoever (including, but not limited to the developing, manufacturing, advertising, and marketing of products) any ideas, artwork, inventions, developments, suggestions, or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting the information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Axum Phoenix LLC use will not violate any third party's rights or otherwise place us in breach of any applicable laws.

By using the Axum Phoenix LLC Website, you agree to abide by these rules. You acknowledge that Axum Phoenix LLC has the right to review, screen, delete, edit, or move content or material that it deems, in its sole discretion, to be in violation of the Axum Phoenix LLC Website or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Axum Phoenix LLC has the right to limit or terminate your or any other person's access to or registration in the Axum Phoenix LLC Website for any reason, including violation of these Terms of Use.

Use of Public Forums

A "public forum" means any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, or other interactive service or promotion on or accessible via the Service and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the Service in order to participate or register in accordance with instructions that you will find on the Service in order to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person's privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.

The Company is not responsible for any User Submissions or material appearing in any public forum on the Service, except for Content created by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the rights set forth below in “The Company's Rights” section.

Distribution/Uploading by Users of Third-Party Content

Except as otherwise set forth in these Terms of Use, you agree not to upload to or otherwise distribute on the Service any Content created or owned by others that is subject to any copyright or other proprietary rights of any third party. The unauthorized submission or distribution of copyrighted or other proprietary third-party Content is illegal and could subject you to personal liability for damages. You, not the Company, or its Affiliates or any of their respective officers, directors, agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.

Compliance with Laws and Export Regulation

You agree to use the Content and this Service in compliance with all applicable laws, rules, and regulations and in a manner that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company or any of its Affiliates.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Service to either a foreign national or a foreign destination in violation of such laws.

The Sale of Alcoholic Beverages

Axum Phoenix LLC does not sell alcohol to persons under the age of 21. By using this site, you swear and affirm that you are over the age of 21. Axum Phoenix LLC makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you are acknowledging that the person receiving a shipment of alcoholic beverages from Axum Phoenix LLC is over the age of 21. You also agree that any alcohol purchased from Axum Phoenix LLC is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Axum Phoenix LLC will prosecute you fully to the extent allowable by law.

Title and Ownership

Title to, and ownership of, all wine passes from Axum Phoenix LLC to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Axum Phoenix LLC is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Axum Phoenix LLC, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine, and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Indemnity

You agree to indemnify and hold harmless Axum Phoenix LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim, liabilities, damages, judgments, awards, losses, costs, expenses or fees or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any comments, photographs, material or other content you submit, post, transmit or otherwise make available through the Axum Phoenix LLC Website, your use of the Axum Phoenix LLC Website, your violation of these Terms of Use, or your violation of any rights of another. This indemnification obligation will continue after you stop using the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.

Disclaimers and Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE PRODUCTS AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, PRODUCTS AND SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE. THE COMPANY'S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT AFFECTED FOOD STUFF PRODUCT AS SOON AS REASONABLY PRACTICABLE.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE, PRODUCTS, SERVICES OR THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL SAVINGS PASSES, REWARD PASSES, FRESH REWARDS, POINTS, AWARD CARDS, APPRECIATION AWARDS, GIFT CARDS, GIFT CERTIFICATES, PASSPORT MEMBER BENEFITS, AND ANY AND ALL OTHER SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS ("PROMOTIONAL OFFERS") IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.

YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF THE COMPANY'S SERVICES AND THAT OF ITS AFFILIATES, INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA PLATFORM AND PARTICIPATING RETAIL STORES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination of Usage; Updates to Service

The Company may terminate your access or suspend your access to all or part of the Service, without notice, for any reason, including conduct that the Company, in its sole discretion, believes is a violation or breach of these Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, the Company or its Affiliates.

We will not be liable if, for any reason, all or part of the Service is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. We undertake no obligation to update, amend, or clarify information on the Service, except as required by law. Please remember when reviewing information on the Service that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Service to become inaccurate or incomplete.

On occasion, information on the Service may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information.

Severability

If any term or other provision of these Terms of Use are deemed by a final court of competent jurisdiction to be invalid, illegal, or incapable of being enforced by any rule of law, or public policy, all other terms, conditions, and provisions of these Terms of Use shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal, or incapable of being enforced, the court shall modify only the affected term, condition, or provision to affect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled, and the Company and its Affiliates are protected to the greatest extent possible.

Governing Law, Waiver of Jury Trial & Arbitration; CLASS ACTION WAIVER

The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of, exploitation, or sale of any and all products and services of the Company and its Affiliates, through all merchandising channels, including, but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device and participating retail stores or the Content (collectively referred to as "Claims"), shall be governed by the internal substantive laws of the State of Illinois without regard to its conflict of laws principals and that any and all Claims shall be resolved exclusively by final and binding arbitration. Any Claim you may have must be commenced within one (1) year after such Claim arises.

You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the arbitrator ; (ii) the arbitration shall be conducted on submission, telephonically or at a location determined by the arbitrator pursuant to the Rules and Procedures of the arbitrator; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (IV) EXCEPT AS SET FORTH BELOW IN SUBPART (VI), THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, (V) YOUR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND YOU SHALL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY ONLY RESOLVE CLAIMS, AND RENDER AWARDS BETWEEN YOU AND THE COMPANY AND ITS AFFILIATES ALONE; and (vi) you may elect to bring your claim in a state small claims court of competent jurisdiction over the claim and the parties. With the exception of subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures of the arbitrator, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. Use of Product and Services are at the sole risk of the individual. Axum Phoenix LLC is not responsible nor will be held legally or otherwise liable for any repercussions, injury be it mental or physical health due to the use of any and all of Axum Phoenix LLC products or services. 

Notice for New Jersey Residents

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract that includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms of Use shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) seller’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms of Use, in the section on Limitations of Liability, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property. Use of Product and Services are at the sole risk of the individual. Axum Phoenix LLC is not responsible nor will be held legally or otherwise liable for any repercussions, injury be it mental or physical health due to the use of any and all of Axum Phoenix LLC products or services. 

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Acknowledgment and Changes

These Terms of Use, together with our Privacy Notice, and all other documents incorporated herein by reference, represent the entire understanding between you and the Company regarding your relationship with the Company and supersedes any prior statements or representations. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. YOU AGREE TO BE BOUND BY THESE TERMS OF USE by accessing any areas of the Service, or using the telephone, catalog, radio, television, mobile device, and Company-owned retail stores. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. We may send you responses or notices by e-mail, posting via the Service, or written communication sent by the U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this Website, or any other appropriate page, and they will become effective upon the later of 1) the date specified by the Company, if any, or 2) the posting. By accessing the Service after changes are made to the Terms of Use and posted on the Service, you agree to be legally bound and to abide by the amended terms.

SMS

Message frequency varies. This service is optional and is not a condition for purchase. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the below procedures.

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart reminder messages.

You further acknowledge that no purchase is required to opt into this communications service, and you may opt out at any time by following instructions from Axum Phoenix LLC. To discontinue receiving SMS messages from Axum Phoenix LLC at any time, email Info@axumphoenix.com.

Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis.

Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

Website and Technology Accessibility Statement

Accessibility Assistance.

If you have difficulty using or accessing any element of this website or on any Axum Phoenix LLC mobile app or tool, please feel free to call us at 1-618-475-2088 or email us at Info@axumphoenix.com and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you consistent with applicable law (for example, through telephone support)

Axum Phoenix LLC. desires to provide a positive customer experience to all our customers, and we aim to promote accessibility and inclusion. Our goal is to permit our customers to successfully gather information and transact business through our website. Whether you are using assistive technologies like a screen reader, a magnifier, voice recognition software, or captions for videos, our goal is to make your use of Axum Phoenix LLC website a successful and enjoyable experience.

Actions.

We are taking a variety of steps and devoting resources to further enhance the accessibility of our website.

Ongoing Effort.

Although we are proud of the efforts that we have completed and that are in-progress, we at Axum Phoenix LLC view accessibility as an ongoing effort.

Feedback.

Please contact us if you have any feedback or suggestions as to how we could improve the accessibility of this website.

Social Media

Axum Phoenix LLC uses a number of social media sites (e.g., Twitter, YouTube, Facebook, Instagram, and Pinterest); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users, third party social media sites will also be governed by their own particular terms of use.

Axum Phoenix LLC does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions or statements posted by any users or members on Sites or Axum Phoenix LLC’s social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views. Users must not post or upload any comment, content or link to the Sites or Axum Phoenix LLC’s social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.

Axum Phoenix LLC may moderate user-posted content and may remove any content that, in Axum Phoenix LLC’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate, or content is viewable before it can be removed.

Axum Phoenix LLC does not undertake to inform users when such content has been moderated or removed. Axum Phoenix LLC may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.

Where you post or submit content to a Site, you warrant that you:

a. Have the permission of the person/s appearing in the content to submit it to the Site,

and for them and their image or likeness to be subject to these Terms, including use by

Axum Phoenix LLC and Axum Phoenix LLC’s Privacy Policy

b. Have the right to submit the content (including copyright); the content is your own

original creation: and that you unconditionally and irrevocably consent to any act or

omission which might infringe any moral rights you may have in the content (as defined

in the Copyright Act 1968 (Cth)).

c. Axum Phoenix LLC may copy, reproduce, publish, display, alter, or distort user submitted content, and

use it for any purpose, (including without limitation, any future promotions, or campaigns

involving Axum Phoenix LLC) at any time in the future, and via any media.

d. Axum Phoenix LLC does not accept any responsibility or liability where content is downloaded

from the Sites, nor in relation to any matters after such download. Third parties may

comment on, link to, re-post, or otherwise deal with the user submitted content once it

is submitted, and Axum Phoenix LLC does not accept any liability for such actions; and

e. Any personal information you provide about yourself, or the person/s appearing in

user submitted content, may be used by Axum Phoenix LLC to conduct campaigns, research and

marketing activities (including informing you about special offers from Axum Phoenix LLC, and to

become part of databases maintained by Axum Phoenix LLC or its associated entities), and otherwise

be used in accordance with Axum Phoenix LLC’s Privacy Policy.

Cookie Policy

We use common tracking technologies

Technologies we implement include, but are necessarily limited to:

(a)    Cookies.  A “cookie” is a small data file transmitted from a website to your device’s hard drive.  Cookies are usually defined in one of two ways, and we may use both of them: 

(1) session cookies, which do not stay on your device after you close your browser, and

(2) persistent cookies, which remain on your device until you delete them, or they expire.

We use the following categories of cookies on our Website.

i.    Strictly Necessary Cookies.  These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have requested, such as maintaining a record of your purchased items (e.g., a shopping cart), cannot be provided.

ii.    Performance Cookies.  These cookies collect anonymous information on how people use our Website to help us understand how you arrive at our site, browse, or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.

iii.    Functionality Cookies.  These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized.   These cookies cannot track your browsing activity on other websites.

iv.    Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign.  The cookies are usually placed by third-party advertising networks.  These cookies remember the websites you visit, and that information is shared with other parties such as Google Ad Network advertisers.

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.

(b)    Web Beacons.  A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails. We may also use them to track if you click on the links and at what time and date you do so. Some of our third-party marketing partners may use Web Beacons to track your interaction with online advertising banners on our Website.  This information is only collected in aggregate form and will not be linked to your Personal Information.  Please note that any image file on a webpage can act as a Web Beacon.

(c)    Embedded Web Links.  Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows us to understand how the link is being used by email recipients.  Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you. This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

(d)    Third-party Websites and Services.  We work with a number of service providers of marketing communications technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide. The information collected can be gathered on our Website and also on the websites where our marketing communications are appearing. For example, we may collect data where our banner advertisements are displayed on third-party websites.

(e)     Google Analytics.  The Website sends aggregated, non-Personal Information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Website’s performance.  For more information on how Google Analytics supports the Website and uses information sent from the Website, please review Google’s privacy policy available at: https://policies.google.com/technologies/partner-sites.

How We Use Your Personal Information.  We use your Personal Information for a variety of purposes in providing the Services, including to:    

• Process your online or offline orders.

• Open an online account at your request.

• Personalize your online experience with content and offers that are tailored to your interests.

• Provide customer service, whether it is responding to a request or following up on an order.

• Include you in surveys and contests.

• Enable you to post your content, such as comments, images, or videos.

• Facilitate networks of online social activity centered around our products and services.

• Improve our Services, the manner in which offers are made on our Services, the purchase decisions of our visitors, and the interactions visitors have with our Services.

• Improve your experience with our Services: for example, through faster, better, smarter, and more customized online interactions.

• Enable you to interact with third-party content service providers, whether by linking to their sites, viewing their content within our online environment, or by viewing our content within their online environment.

• Market our products and services that may be of interest to you—for instance, we may add you to the Axum Phoenix LLC email list when you make an online purchase or sign up to receive emails; or we may add you to Axum Phoenix LLC print-catalog list when you make an online purchase.

• Create aggregated, pseudonymized or anonymized information for statistical purposes.

• Fraud prevention and protection, security, and any legal inquiries where required by law.

View our full Privacy Policy.

Your California Rights

If you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under California law.  Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services and the services of others. You may exercise each of your rights as identified below, subject to our verification of your identity.

Access.  You may email us at Info@axumphoenix.com or call us at (314) 696-9964 to request a copy of the Personal Information our Website databases currently contain.

Prohibit Data Sharing.  When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to Info@axumphoenix.com or by phone or call us  (314) 696-9964. In your request, please explain how you wish us to prohibit the sharing of your personal data, and which categories of third parties you want to prohibit from receiving your Personal Information.  When such prohibitions are not possible to provide our services to you, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy.

Portability.  Upon request and when possible, we can provide you with copies of your Personal Information.  You may submit a request via email to Info@axumphoenix.com or call us at (314) 696-9964. When such a request cannot be honored, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy.

Deletion.  If you should wish to cease use of our Website and have your Personal Information deleted from our Website, then you may submit a request by emailing us at Info@axumphoenix.com or call us at (314) 696-9964. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted.  Where applicable, we will ensure such changes are shared with trusted third parties.

We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide You with an opportunity to opt out of sales of your Personal Information.

In addition, if a California resident exercises his or her rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.

Use of Product and Services are at the sole risk of the individual. Axum Phoenix LLC is not responsible nor will be held legally or otherwise liable for any repercussions, injury be it mental or physical health due to the use of any and all of Axum Phoenix LLC products or services. 

Third Party Marketing.  As disclosed above in this Policy, you have the right to opt out of all of HF’s sharing of your personal data with any third party for the purposes of that third party’s marketing its good or services to you. 

View entire Privacy Policy

California Supply Chain Act

In accordance with California’s Civil Code section 1714.43 (California Transparency in Supply Chains Act of 2010) Axum Phoenix LLC declares that we strive to maintain a culture of compliance with all applicable laws, rules and regulations, and the highest standards of ethics and business conduct with respect to human trafficking, slavery and forced labor of any kind, including child and prison labor. Axum Phoenix LLC expects its suppliers to conduct their businesses not only in a lawful manner, but also in compliance with the same high standards of integrity and ethics.

Storage and Dietary Information

Q.  What’s the shelf life of your products?

A.  If your cured or smoked products have lost their airtight seal upon arrival, please contact us. Although our products are shelf stable, the flavor of your product may change. If you do not intend to use your product upon arrival, for ultimate freshness and flavor please refrigerate. Use well vacuum sealed packages within 10 to 14 days. If you do not plan to use your product in that time frame, please refrigerate. If within 6 weeks you have not used your unopened refrigerated vacuum sealed package please freeze. Unopened vacuum sealed packages may be left continuously frozen indefinitely.

Q.  Where can I find Lehr’s Sausage Allergen Information?

A.  To verify if you may have a specific allergy to any of our products, please review each products ingredients list under that product.  Most of our products are packaged in the same facility, so please take note if you have allergies to soy, wheat, dairy, etc. 

Q.  Should people “at risk” eat dry sausages?

A.  Per the FDA:  Because dry sausages are not cooked, people “at risk” (older adults, very young children, pregnant women, and those with immune systems weakened by disease or organ transplants) might want to avoid eating them.