1. Introduction

Welcome to the family
of websites and applications provided by Eagzon. These Terms of Use govern your
access to and use of all Eagzon Sites among other things. By using the Eagzon
Sites, you affirm that you are of legal age to enter into these Terms of Use,
or, if you are not, that you have obtained parental or guardian consent to
enter into these Terms of Use and your parent or guardian consents to these
Terms of Use on your behalf. If you violate or do not agree to these Terms of
Use, then your access to and use of the Eagzon Sites is unauthorized.
Additional terms and conditions apply to some services offered on the Eagzon
Sites (e.g., Eagzon Pharmacy, Eagzon +, and Gift Cards) or through other
channels. Those terms and conditions can be found where the relevant service is
offered on the Eagzon Sites or otherwise and are incorporated into these Terms
of Use by reference.

DEFINED TERMS:

In these Terms of Use:

• When we say “Eagzon,” we mean Eagzon.com USA, Eagzon
  LLC., and any subsidiaries of Eagzon Stores,. (including any subsidiaries
  that Eagzon LLC. may form or acquire in the future), and their affiliates,
  directors, officers, employees and agents. We also refer to Eagzon as “we,”
  “us” and “our.” But when we say “Eagzon Entities,” we
  mean Eagzon; its suppliers, vendors, contractors, and licensors.
• When we say “Eagzon Sites,” we mean www.Eagzon.com,
  the Eagzon Apps, and all related functionality, services, and Content
  offered by or for Eagzon on or through www.Eagzon.com and the Eagzon Apps
  or the systems, servers, and networks used to make the Eagzon Sites
  available.
• When we say “Eagzon Apps,” we mean the official
  “Eagzon App” for iPhone and Android, which can be downloaded from the
  iTunes App Store or the Google Play Store.
• When we say “you” or “your” we mean any
  user (like you!) of any Eagzon Site and any person who has notice of these
  Terms of Use.
• When we say “Terms of Use,” we mean these Terms
  of Use and all other terms and policies posted by Eagzon on the Eagzon
  Sites (and any updates by Eagzon to these Terms of Use and those terms and
  policies).
• A few other key terms used in these Terms of Use:
  • When we say “Content,” we mean merchandise
    information, product descriptions, reviews, comments, messages, reviews,
    communications, feedback, submissions, suggestions, questions, and other
    information, data, content, and materials (including page headers,
    images, text, illustrations, formats, logos, hashtags, designs, icons,
    photographs, software programs, music clips or downloads, video clips,
    and written and other materials.)
  • When we say “Ideas,” we mean ideas, concepts,
    feedback, and know-how that you make available in connection with the Eagzon
    Sites.
  • When we say “make available,” we mean post,
    transit, publish, upload, distribute, transmit, display, provide, or
    otherwise submit or make available (including through any part of the Eagzon
    Sites administrated by third-party social media platforms (e.g., Facebook
    or Instagram) that allow interaction with the Eagzon Sites through the
    tools offered by such social media platforms).
  • When we say “Materials,” we mean Content that Eagzon
    Entities make available on or through the Eagzon Sites, including In Store
    Now information.

WARRANTY DISCLAIMERS
AND LIABILITY LIMITATIONS: While
there are important points throughout these Terms of Use, please note the
warranty disclaimers and limitations on Eagzon’s liability explained in
Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from
time to time by notifying you of such changes by any reasonable means,
including by posting a revised Terms of Use through the Eagzon Sites. Any such
changes will not apply to any dispute between you and us arising prior to the
date on which we posted the revised Terms of Use incorporating such changes or
otherwise notified you of such changes. You agree that it your responsibility
to regularly check Eagzon.com for any updated Terms of Use. In addition, by continuing
to use or access any of the Eagzon Sites or otherwise engaging with Eagzon
after we post any changes, you accept the updated Terms of Use. The “Last
Updated” legend above indicates when these Terms of Use were last changed.

2. Your Use of the Eagzon Sites

You certify that the
Content you provide on or through the Eagzon Sites is accurate and that the
information you provide on or through the Eagzon Sites is complete. You are
solely responsible for maintaining the confidentiality and security of your
account including username, password, and PIN. Eagzon is not responsible for
any losses arising out of the unauthorized use of your account. You agree that Eagzon
does not have any responsibility if you lose or share access to your device.
Any agreement between you and the issuer of your credit card, debit card, or
other form of payment will continue to govern your use of such payment method
on the Eagzon Sites. You agree that Eagzon is not a party to any such
agreement, nor is Eagzon responsible for the content, accuracy, or
unavailability of any method used for payment. Your account may be restricted
or terminated for any reason, at our sole discretion. Except as otherwise
provided by law, at any time without notice to you, we may (1) change, restrict
access to, suspend, or discontinue the Eagzon Sites or any portion of the Eagzon
Sites, and (2) charge, modify, or waive any fees required to use any services,
functionality or other content available through the Eagzon Sites or any
portion of the Eagzon Sites.

• In connection with the Eagzon Sites, you will not:
  • Make available any Content through or in connection
    with the Eagzon Sites that is or may be in violation of the content
    guidelines set forth in Section 3.C (Prohibited Content) below.
  • Make available through or in connection with the Eagzon
    Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or
    other computer code, file or program that is or is potentially harmful or
    invasive or intended to damage or hijack the operation of, or to monitor
    the use of, any hardware, software, or equipment.
  • Use the Eagzon Sites for any commercial purpose, or
    for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Eagzon
    Sites.
  • Interfere with or disrupt the operation of the Eagzon
    Sites or the systems, servers, or networks used to make the Eagzon Sites
    available, including by hacking or defacing any portion of the Eagzon
    Sites; or violate any requirement, procedure or policy of such servers or
    networks.
  • Restrict or inhibit any other person from using the Eagzon
    Sites.
  • Reproduce, modify, adapt, translate, create derivative
    works of, sell, rent, lease, loan, timeshare, distribute, or otherwise
    exploit any portion of (or any use of) the Eagzon Sites except as
    expressly authorized in these Terms of Use, without Eagzon’s express
    prior written consent.
  • Reverse engineer, decompile, or disassemble any
    portion of the Eagzon Sites, except where such restriction is expressly
    prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary
    rights notice from the Eagzon Sites.
  • Frame or mirror any portion of the Eagzon Sites, or
    otherwise incorporate any portion of the Eagzon Sites into any product or
    service, unless you obtain Eagzon’s express prior written consent to do
    so.
  • Systematically download and store any Materials.
  • Use any robot, spider, site search/retrieval
    application or other manual or automatic device to retrieve, index,
    “scrape,” “data mine” or otherwise gather any Materials, or reproduce or
    circumvent the navigational structure or presentation of the Eagzon
    Sites, without Eagzon’s express prior written consent.
  • Cause injury to any person or entity.
  • Violate any law, rule, or regulation, or these Terms
    of Use.
• You will not use the Eagzon Sites or Eagzon’s name,
  logo, or brand to (1) send any unsolicited or unauthorized Content,
  including advertising, promotional materials, email, junk mail, spam, or
  other form of solicitation; or (2) use any meta tags or other hidden text
  or metadata utilizing a Eagzon trademark, logo, URL, or product name without
  Eagzon’s written consent;
• You will not attempt to do anything, or permit,
  encourage, assist, or allow any third party to do anything, prohibited in
  this Section, or attempt, permit, encourage, assist, or allow any other
  violation of these Terms of Use.

3. Content and Ideas

A. Submitting Content and Ideas

Eagzon provides
functionality that enables users to make available Content and Ideas in
connection with the Eagzon Sites. Any text in Content should be written in
English. You acknowledge and agree that you are responsible for all Content and
Ideas you make available in connection with any Eagzon Site. You represent and
warrant that (1) you have the authority to grant the rights in such Content and
Ideas as set forth in these Terms of Use, including in Section 3(B) below; and
(2) such Content and Ideas, and the use of such Content and Ideas, will not
violate any term of these Terms of Use. This means you will be responsible for
the legality, the accuracy, the appropriateness, the originality, and your
rights in any such Content and Ideas.

B. Eagzon’s Rights to Use Content and Ideas

You grant to Eagzon a
royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive
license to use, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform and display (publicly or otherwise) any Content
that you make available, in any media or medium, and in any form, format, or
forum now known or hereafter developed. You further agree that Eagzon is free
to use any Ideas for any purpose. Eagzon may sublicense its rights in Content
and Ideas through multiple tiers of sublicenses. Eagzon is, and will be, under
no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any
compensation for any Content or Idea; or (3) to respond to any Content or Idea.
You grant to Eagzon the right to use any name associated with any Content or
Idea that you make available to Eagzon, although Eagzon has no obligation to
exercise such right, or to otherwise provide any attribution for any Content or
Idea.

C. Prohibited Content

You agree that you
will not make available Content in connection with the Eagzon Sites that:

• is false, fraudulent, inaccurate, or misleading;
• contains your full name(s), or any other confidential
  personally identifiable information of yourself or others;
• violates any local, state, federal, or international
  laws or is otherwise tortious;
• is protected by or would infringe on the rights of
  others (including Eagzon), including any patent, copyright, trademark,
  trade secret, right of publicity or privacy, or any other proprietary
  right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise
  objectionable;
• is derogatory, defamatory, threatening, harassing,
  abusive, slanderous, hateful, or embarrassing to any other person or
  entity as determined by Eagzon in its sole discretion;
• victimizes, harasses, degrades, or intimidates an
  individual or group of individuals on the basis of religion, gender,
  sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence
  against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links
  to other web sites or individuals, without prior written permission from Eagzon;
• contains or relates to chain letters or pyramid
  schemes;
• impersonates another business, person, or entity,
  including Eagzon, its related entities, employees, and agents;
• violates any policy posted on the Eagzon Sites; or
• is intended to cause harm, damage, disable, or
  otherwise interfere with the Eagzon Sites or our partners.

4. Monitoring by Eagzon

Eagzon will have the
right (but not the obligation), in our sole discretion, to monitor, evaluate,
and analyze Content, and any use of and access to the Eagzon Sites, including
to determine compliance with these Terms of Use and any other operating rules
that may be established by Eagzon from time to time. Eagzon will also have the
right (but not the obligation), in our sole discretion, to edit, move, delete,
or refuse to make available any Content made available through, the Eagzon Sites,
for any reason, including violation of these Terms of Use, whether for legal or
other reasons. Despite this right of ours, you are solely responsible for any
Content you make available, and you agree to indemnify Eagzon for all claims
resulting from any Content you make available.

5. Materials Available on the Eagzon Sites

Eagzon and its
suppliers and licensors may make available various Materials. The Materials are
for educational and informational purposes only, and errors may appear from
time to time. Before you act in reliance on any Materials, you should confirm
any facts that are important to your decision. The Eagzon Entities make no
warranty as to the reliability, accuracy, timeliness, usefulness, or
completeness of any Materials. If you find an error or notice something that
does not look quite right on the Eagzon Sites, we would appreciate it if you
let us know by contacting us at http://Eagzon.com/help.
(Your feedback is a big part of what helps Eagzon to get better at helping
you!)

NO MATERIALS RELATED
TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO
SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL,
AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS,
AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE
OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE
INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR
MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR
OVER-THE-COUNTER DRUG.

THE EAGZON ENTITIES
ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO
ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

6. Merchandise

The Sites may make
available listings, descriptions, and images of goods and services
(collectively, “Products”). Such Products may be made available by us or by
third parties. We make no representations as to the completeness, accuracy,
reliability, validity, or timeliness of such listings, descriptions, or images
(including any features, specifications, and prices contained on the Sites).
Such information and the availability of any Product are subject to change at
any time without notice.

We have made efforts
to accurately display the attributes of Products, including the applicable
colors. However, as the actual colors you see will depend on your monitor, we
cannot guarantee that your monitor’s display of any color will accurately
reflect actual product color or finish. In addition, certain weights, measures,
and similar descriptions are approximate and are for convenience only.

We sell Products for
children’s use; however, these Products are intended for sale to adults.

Eagzon has no
liability to you for content on the Eagzon Sites that you find to be offensive,
indecent, or objectionable. Certain videos, movies, TV programs, video games,
computer games, and other Products are labeled with age restrictions or are
intended for individuals of certain ages or “mature audiences” only. By
ordering an age restricted item, you certify that you satisfy the age
restrictions.

Eagzon is not
responsible for, and cannot guarantee the performance of, goods and services
provided by third parties, including any Eagzon Entity, Marketplace Retailer
(as defined below in Section 16.A), our advertisers, or other third parties to
whose sites we link. While our goal is to provide accurate information, product
packaging and material may contain more and/or different information than that
provided on Eagzon Sites, including the product description, country of origin,
nutrition, ingredient, allergen, and other information. Always read labels,
warnings, directions, and other information provided with the product before
using or consuming the product. For additional information about a product,
please contact the manufacturer. Information and statements regarding dietary
supplements have not been evaluated by the Food and Drug Administration and are
not intended to diagnose, treat, cure, or prevent any disease or health
condition. If you find a product is not as described, your sole remedy is to
return it in unused condition (excluding products that are not eligible for
return), in accordance with Eagzon’s return policy. It is your responsibility
to ascertain and obey all applicable local, state, federal, and foreign laws
(including minimum age requirements) regarding the purchase, possession, and
use of any Product.

7. Third Party Sites

References on Eagzon
Sites to any names, marks, products, or services of third parties, or links to
third-party sites or information, are not an endorsement, sponsorship, or
recommendation of the third party or its information, products, or services. Eagzon
is not responsible for the content of any third-party linked site or any link
contained in a linked site, including any third-party social media or mobile
app platform with which the Eagzon Sites operate or otherwise interact, nor is Eagzon
responsible for the acts or omissions of any operator of any such site or
platform. Your use of any such third-party site or platform is at your own
risk, and will be governed by such third party’s terms and policies (including
its privacy policy).

8. Placing an Order

A. Order Acceptance and Billing

You represent and
warrant that you have the right to use any credit card or other means of
payment that you provide to us. By providing payment card information to us,
you authorize us to store and use the card as a payment method for purchases
made through your Eagzon.com account, including on Eagzon affiliated sites and
properties which you access via your Eagzon.com account credentials. Eagzon
participates in account update services offered by some banks. If your bank
participates in account updater services, these services will automatically
update your card number or expiration date in our system when it changes. If
you do not want to have your cards automatically updated, you can opt out of
these services by contacting your issuing bank. All billing information you
provide to us must be truthful and accurate. Providing any untruthful or
inaccurate information is a breach of these Terms of Use and may result in
cancellation of your order. Prior to accepting an order we may also request
additional information from you. Verification of information may be required
prior to the acknowledgment or completion of any purchase. We reserve the right
to refuse or cancel an order for any reason including limitations on quantities
available for purchase, inaccuracies, or errors in product or pricing
information, or problems identified by our credit and fraud avoidance
department. If your order is canceled after your credit card (or other payment
account) has been charged, we will issue a credit to your credit card (or other
applicable payment account) in the amount of the charge. We will attempt to
contact you if all or any portion of your order is canceled or if additional
information is required to accept your order. Eagzon may request a pre-authorization
for some orders placed online with a credit or debit card. This
pre-authorization will not be billed to you; however, your card issuer may hold
this amount for a short period. Your card issuer determines the length of time
the pre-authorization is held. We do this to ensure that the card details are
still valid and that you have sufficient funds to complete the transaction.

By confirming your
purchase at the end of the checkout process, you agree to accept and pay for
the Products, as well as all shipping and handling charges and applicable
taxes. You will not be charged for most orders until the order has shipped.
Some exceptions (when you will be charged at the time your order is placed)
are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal
account; and (ii) orders paid using the in-store “Cash” payment method.

Eagzon reserves the
right, including without prior notice, to limit the quantity of items purchased
per person, per household, or per order for any reason. We will attempt to
notify you should such limits be applied. Eagzon also reserves the right, at
our sole discretion, to prohibit sales to dealers or resellers. For purposes of
these Terms of Use, “reselling” will be defined as purchasing or intending to
purchase any Product(s) from Eagzon for the purpose of engaging in a commercial
sale of the same Product(s) to a third party.

In addition to any
other remedies available to it, Eagzon may in its sole discretion restrict or
terminate your account, or cancel or refuse orders for violations of, or abuse
of the Eagzon returns policy.

B. Pricing Information; Availability

Eagzon cannot confirm
the price or availability of an item until after your order is placed. Pricing
or availability errors may occur on the Eagzon Sites or through Marketplace
Retailers. The receipt of an order confirmation does not constitute our acceptance
of an order or our confirmation of an offer to sell a Product. Eagzon reserves
the right to cancel any orders containing pricing or availability errors, with
no further obligations to you, even after your receipt of an order confirmation
or shipping notice from Eagzon. Eagzon may, at its discretion, either contact
you for instructions or cancel your order and notify you of such cancellation.
Pricing for products may be different on the Eagzon Sites or from prices
available in Eagzon stores or on Eagzon Apps.

C. Promotional Codes

Promotional codes are
limited in nature and may expire or be discontinued with or without notice.
Promotional codes are void where prohibited by law. Promotional codes may not
be copied, sold, or otherwise transferred. They are not redeemable for cash and
are subject to cancellation or change at any time for any reason without
notice. We reserve the right in our discretion to impose conditions on the
offering of any promotional code.

D. Gift Cards

The risk of loss and
title to any gift cards passes to the purchaser upon our electronic
transmission to the recipient or delivery to the carrier, whichever is
applicable. Your purchase and use of gift cards is subject to the full terms
and conditions related to gift cards, available at https://Eagzon.com/help/article/Gift-Card-Terms-and-Conditions/

9. Shipping and Delivery

Products will be
shipped to an address designated by you, if applicable, so long as such address
is complete and complies with the shipping restrictions contained on the Eagzon
Sites. All transactions are made pursuant to a shipping contract, and, as a
result, risk of loss and title for Products pass to you upon delivery of the
Products to the carrier.

Delivery of Products
purchased from the Eagzon Sites to addresses outside the United States is
limited. Some Products also have restricted delivery within the United States.
Some Products may be available for pick up at physical Eagzon store locations.
Estimated delivery times are determined based on the method of shipping chosen
when Products are purchased and the destination of the Products.

10. Export Policy

You acknowledge that
(a) goods licensed or sold on the Eagzon Sites, and (b) any software or
technology purchased, downloaded, or used from the Eagzon Sites, are subject to
the customs and export control laws and regulations of the United States of
America and may also be subject to the customs and export laws and regulations
of the country in which the products are manufactured and/or received, and you
agree to comply with all applicable laws. You agree, represent, and warrant
that no Materials will be accessed from, downloaded in, released in, carried
to, transferred to, transshipped through, exported to, or re-exported
(collectively “transferred”) to any territory (or national resident thereof),
person, entity, or organization to which such Materials could not be
transferred directly from the United States or by a U.S. person without a
license, including without limitation to any person on the U.S. Treasury
Department’s List of Specially Designated Nationals or the U.S. Department of
Commerce’s Denied Persons List or Entity List.

11. Intellectual Property

The Eagzon Sites and
all Materials, and all copyrights, trademarks, trade dress, and other
intellectual property rights there (collectively, the “IP”) are owned or
controlled by or licensed to Eagzon, and are protected by U.S. and
international trademark, copyright, and other intellectual property laws.
Materials are licensed (not sold) to end users. Subject to your compliance with
these Terms of Use, and solely for so long as you are permitted by Eagzon to
use the Eagzon Sites, you may access, view, download, and print the Materials
for your personal, non-commercial use only; provided, however, that you (1)
retain all copyright, trademark, or other proprietary designations contained on
all Materials; (2) do not modify or alter the Materials in any way; and (3) do
not provide or make available the Materials to any third party in a commercial
manner. In addition, subject to your compliance with these Terms of Use, and
solely for so long as you are permitted by Eagzon to use the Eagzon Apps, we
permit you, on a limited, non-exclusive, revocable, non-transferable,
non-sublicensable basis, to install and use the Eagzon Apps on a mobile device
that you own or control, solely for your personal, non-commercial use. If you
fail to comply with any of the terms or conditions of these Terms of Use, you
must immediately cease using the Eagzon Apps and remove (that is, uninstall and
delete) the Eagzon Apps from your mobile device.

No license, right,
title, or interest in the Eagzon Sites or any Materials is transferred to you
as a result of your use of the Eagzon Sites or your accessing, viewing,
downloading, or printing of the Materials. You may not reproduce (except as
noted above), publish, transmit, distribute, display, modify, create derivative
works from, sell, or participate in any sale of or exploit in any way, in whole
or in part, any of the Materials or the Eagzon Sites. The Eagzon Sites and
Materials may be used only as a personal shopping resource. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Eagzon Sites and the Materials
is strictly prohibited. The compilation (meaning the collection, arrangement,
and assembly) of the Eagzon Sites and Materials is the exclusive property of Eagzon
and is also protected by U.S. and international copyright laws.

EAGZON, EAGZON, the EAGZON.COM
names and logos, and all other graphics, logos, page headers, button icons, scripts,
and service names included in or made available through any of the Eagzon Sites
are trademarks or trade dress of Eagzon in the U.S. and other countries. All
other marks are the property of their respective companies.

12. Procedure for Making a Claim of Copyright Infringement

We respect the
intellectual property of others. If you believe that your work has been copied
and is accessible on the Eagzon Sites in a way that constitutes copyright
infringement, please see our DMCA Procedure (available at https://Eagzon.com/help/article/Claims-of-Intellectual-Property-Infringement/) for instructions on how to contact us to
report possible copyright infringement.

13. Privacy

You acknowledge that
any personal information that you provide through the Eagzon Sites will be used
by Eagzon in accordance with Eagzon’s Privacy Policy (available at http://corporate.Eagzon.com/privacy-security/Eagzon-privacy-policy),
which may be updated by Eagzon from time to time. If you purchase an item on Eagzon.com
sold by a Marketplace Retailer or a Eagzon supplier, Eagzon may share certain
information with that Marketplace Retailer or supplier to permit the
Marketplace Retailer or supplier, as applicable, to fulfill and ship your
order, process returns, and provide customer service.

You authorize your
wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any
other branded wireless operator) to disclose to Eagzon and its third-party
service providers your mobile number, name, address, email, network status,
customer type, customer role, billing type, mobile device identifiers (IMSI and
IMEI) and other subscriber status and device details, if available, solely to
verify your identity and prevent fraud for the duration of the business relationship.
See the Eagzon Privacy Policy for how Eagzon treats your data.

14. Third-Party Software & Licensing Notices

The Eagzon Sites may
include certain third-party technologies and open source materials
(collectively, “Third-Party Technology”). Your use of such Third-Party
Technology is subject to these Terms of Use, as well as well the applicable
terms and conditions of such third parties, set forth at https://Eagzon.com/help/article/Third-party-Software-and-Licensing-Notices/ which is incorporated in these Terms of
Use by reference.

15. Promotions

Any sweepstakes,
contests, raffles, surveys, games, or similar promotions (collectively,
“Promotions”) made available through the Eagzon Sites may be governed by rules
that are separate from or supplement these Terms of Use. If you participate in
any Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms of Use, the
Promotion rules will govern.

TRIPLE10 promo code: Valid only for your first 3 orders with Eagzon
pickup & delivery services. Minimum order of $50. Does not apply to alcohol
purchases. Customer responsible for all applicable taxes. Offer subject to
change or expire without notice.

TRIPLE20 promo code: Select customers only. Valid only for
your next 3 orders with Eagzon pickup & delivery services. Minimum order of
$50. Does not apply to alcohol purchases. Customer responsible for all
applicable taxes. Offer subject to change or expire without notice.

16. Terms Applicable to Special Eagzon Services

A. Eagzon Marketplace

Eagzon operates an
online marketplace program on the Eagzon Sites (available at https://marketplace.Eagzon.com/) which enables Marketplace
Retailers to sell their products alongside Eagzon products and, once an order
is placed, to ship such Marketplace Retailers’ products directly to the
customer (the “Eagzon Marketplace”). Any use of the Eagzon Marketplace is
subject to the following additional terms:

• When we say “Marketplace Retailer,” we mean any entity
  or retailer that sells goods or services in the Eagzon Marketplace through
  the Eagzon Sites, uses any order processing, fulfillment, shipping, or
  other services related to the Eagzon Marketplace provided by or for Eagzon,
  or uses any platform, portal, web service, application, interface, or
  other tool provided by or for Eagzon in connection with the Eagzon
  Marketplace.
• By purchasing a product from any of our Marketplace
  Retailers, you acknowledge that all Eagzon Marketplace orders will be
  fulfilled by the third party Marketplace Retailer and not Eagzon. The
  Marketplace Retailer (and not Eagzon) will be responsible for all
  processing, shipping, returns, and customer service related to your Eagzon
  Marketplace order. Products purchased from a Marketplace Retailer can only
  be returned to that Marketplace Retailer in accordance with its return
  policy. Each Marketplace Retailer’s shipping information, return policy,
  customer service information, and Marketplace Privacy Policy can be found
  on that Marketplace Retailer’s Seller Information page. For other terms
  that apply to Eagzon Marketplace, including important notices and
  disclosures, see About Marketplace.
• To the fullest extent provided by applicable law, Eagzon
  has no responsibility or liability for any Marketplace Retailer, their
  products, or representations.

B. iOS Eagzon App

In addition to your
agreement with these Terms of Use, the following provisions apply with respect
to your use of any version of the Eagzon App compatible with the iOS operating
system of Apple Inc. (“Apple”):

• Apple is not a party to these Terms of Use and does not
  own and is not responsible for any Eagzon App. Apple is not providing any
  warranty for the Eagzon App except, if applicable, to refund the purchase
  price for it. Apple is not responsible for maintenance or other support
  services for the Eagzon App and will not be responsible for any other
  claims, losses, liabilities, damages, costs, or expenses with respect to
  the Eagzon App, including any third-party product liability claims, claims
  that the Eagzon App fails to conform to any applicable legal or regulatory
  requirement, claims arising under consumer protection or similar
  legislation, and claims with respect to intellectual property
  infringement. Any inquiries or complaints relating to the use of the Eagzon
  App, including those pertaining to intellectual property rights, must be
  directed to Eagzon in accordance with the “How to Contact Us” section.
• The license you have been granted in these Terms of Use
  is limited to a non-transferable license to use the Eagzon App on an
  Apple-branded product that runs Apple’s iOS operating system and is owned
  or controlled by you, or as otherwise permitted by the Usage Rules set
  forth in Apple’s App Store Terms of Service. In addition, you must comply
  with the terms of any third-party agreement applicable to you when using
  the Eagzon App, such as your wireless data service agreement.
• You represent and warrant that (1) you are not located
  in a country that is subject to a U.S. Government embargo, or that has
  been designated by the U.S. Government as a “terrorist supporting”
  country; and (2) you are not listed on any U.S. Government list of
  prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party
  beneficiaries of these Terms of Use and, upon your acceptance of the terms
  and conditions of these Terms of Use, will have the right (and will be
  deemed to have accepted the right) to enforce these Terms of Use against
  you as a third-party beneficiary thereof; notwithstanding the foregoing, Eagzon’s
  right to enter into, rescind or terminate any variation, waiver, or
  settlement under these Terms of Use is not subject to the consent of any
  third party.

C. Eagzon Pay

“Eagzon Pay” is a
feature built into the Eagzon App that allows you to use your smartphone to pay
for in-store purchases. Any use of the Eagzon Pay service is subject to the
following additional terms:

• By using Eagzon Pay or otherwise by agreeing to these
  Terms of Use, you agree to receive an eReceipt in lieu of a paper receipt
  for all purchases made through Eagzon Pay. You must register through a Eagzon.com
  account to receive eReceipts (see below for more information).
• There is no charge from us to use Eagzon Pay, but your
  data service provider’s message and data charges may apply. Except as
  otherwise provided by law, we may block, restrict, suspend or terminate
  your use of Eagzon Pay at any time, without notice, and in our sole
  discretion.
• All Eagzon policies applicable to sales occurring at a
  store location, including those regarding Ad Match, Price Matching, Coupon
  use, Returns, and Exchanges, apply to purchases made through Eagzon Pay.
  We reserve the right to limit the availability of Eagzon Pay during
  specific times, for specific items, or for certain events or promotions.
  Some products or services may not be eligible for purchase using Eagzon
  Pay, or may require additional verification prior to completion of
  purchase through Eagzon Pay. These products and services may include but
  are not limited to: tobacco, alcohol, firearms, optical or photo products
  and services, or products requiring a service agreement such as wireless,
  automotive, or financial products.
• Your device’s camera must be enabled in order to use Eagzon
  Pay to complete the checkout process and to use additional features.
  Enabling the Eagzon App to utilize location services on your device may
  provide you with access to other Eagzon Pay features. You can turn off
  location services at any time on your device.

D. eReceipts

Certain Eagzon Sites
may permit or require the use of electronic receipts (“eReceipt”) for purchases
made by you through a mobile device or other electronic device. Your eReceipt
is a digital copy of your Eagzon in-store purchase receipt. Any use of the Eagzon
eReceipt service is subject to the following additional terms:

• To register for eReceipts, you must first have an
  account with Eagzon.com and then validate your mobile number via a text
  message. Eagzon.com accounts are subject to these Terms of Use. If you
  initiate the registration process for eReceipts at the cash register, you
  will be required to enter a mobile number into the PIN pad and then
  validate your mobile number via a text message. By registering for Eagzon
  eReceipts, you consent to receive an automated text message and accept any
  message and data rates that may apply for receipt of a text message.
• There is no charge from us to use Eagzon eReceipts, but
  your data service provider’s message and data charges may apply. Eagzon
  and text message carriers are not liable for delayed or undeliverable
  messages.
• All information provided to Eagzon by users of the Eagzon
  eReceipts will be subject to our Privacy Policy.
• We may alter, suspend, or terminate your use of Eagzon
  eReceipts at any time at our discretion, without notice to you. We are not
  responsible for any losses associated with your inability to access the
  Internet and/or Eagzon eReceipts. Requesting an eReceipt at the register
  will not automatically submit your eReceipt. Use of the Eagzon eReceipts
  service is subject to all applicable laws and regulations.

E. Eagzon Pickup and Delivery (formerly, Online Grocery
Services)

Use of Eagzon Pickup
and delivery is subject to the following additional terms:

i. Orders

• Once you have placed an order for Eagzon Pickup and
  delivery, we will send you an order acknowledgment by email setting out
  what you have ordered. This is not an order confirmation or acceptance
  from us.
• There may be a minimum order value, which may change
  from time to time. In addition to the price of goods, a delivery charge as
  shown at checkout, if applicable, will also be payable by you. All prices
  quoted are exclusive of tax and you will see estimated taxes and fees when
  you place the order. The final taxes and fees will be calculated on the
  day your order is picked and delivered, or picked up, as applicable. In
  the event your order must be fulfilled using products of different weight
  or volume than what you ordered, you will be charged only for the actual
  weight or volume delivered.
• Due to shipment and delivery times, there are
  limitations on when changes or cancellations to orders can be made. These
  limitations will be provided when you place your order. For Pickup and
  delivery orders that are delivered to you, title to the goods purchased by
  you and the related risk of loss on these items passes to you upon
  delivery of the items to the carrier.
• We may, in our discretion, provide you with a refund in
  certain circumstances. If you are not satisfied with your order, please
  contact the Eagzon Pickup and delivery Contact Center at 1-‪‪(814) 283-4896‬.
• We will not provide you a refund for certain goods
  which by nature cannot be returned. Such items include items which cannot
  be resold for health and hygiene reasons once unwrapped (for example body
  jewelry, mattresses, bedding, certain items of clothing, personal grooming
  products, medicines, and certain baby products, etc.).
• Notwithstanding the foregoing, all refunds will be
  subject to our discretion.
• We aim to deliver your goods within the delivery or
  pickup window you selected when placing your order, but do not guarantee
  that goods will be delivered or available for pickup on or by a certain
  date. Eagzon will not be liable for delivering the goods outside of the
  requested delivery or pickup slot or failing to deliver or make available
  for pickup all or any of the goods in your order.
• We can only deliver to an address stored in your
  address book in your account.

ii. Eagzon Pickup and
delivery Pricing

• • Pricing for Eagzon Pickup and delivery items will be
  the same prices as if you shopped in the store that packs and delivers the
  items. If an item’s price changes between the time you place your order
  and the day your order is packed for delivery, we will charge you the
  lower price. If you have allowed substitutions for your order, you will be
  charged the price for items received. Please note that due to differences
  in distribution, regional competition, and other factors, prices may vary
  between stores, and so the prices you see online may not match all stores,
  only the store where your order is packed. Eagzon Pickup and delivery does
  not match prices from other online or physical stores, or Eagzon stores
  other than the one where your items are picked and packed.

iii. Eagzon Pickup and
delivery Promotion Codes

• Eagzon Pickup and delivery Promotion Codes (“Grocery
  Promo Codes”) are valid only on orders placed for Eagzon online grocery
  services, subject to the terms of this Section. Your use of a Grocery
  Promo Code indicates your agreement to be bound by these Terms of Use and
  any Grocery Promo Code terms on the promotion offer itself. Eagzon will
  only honor a Grocery Promo Code if it is used in accordance with all
  applicable terms.
• Only promotional codes issued by Eagzon can be used for
  Eagzon Pickup and delivery services. Grocery Promo Codes cannot be used in
  Eagzon stores. Grocery Promo Codes issued by Eagzon are, and will remain,
  the property of Eagzon and are not transferable, cannot be resold, and
  have no cash value unless otherwise stated. Grocery Promo Codes may not be
  used for alcohol purchases.
• Grocery Promo Codes can be added to your Eagzon Pickup
  and delivery order by entering the code at checkout or by selecting a
  saved offer in checkout. To apply a Grocery Promo Code to your order, you
  must select it in the “Review Order” section at checkout. Use of a Grocery
  Promo Code may be subject to you providing proof of entitlement to use the
  Grocery Promo Code.
• All Grocery Promo Codes have an expiration date after
  which they cannot be used for any order. Grocery Promo Code values may be
  adjusted if the total discount value is greater than the value of your
  order.
• We reserve the right to withdraw or cancel any Grocery
  Promo Code at any time, either as a whole, or for specific goods or
  delivery areas. If this happens, then the Grocery Promo Codes may not be
  used for any orders placed after the date of withdrawal or cancellation.
  We reserve the right to reject or cancel the use of a Grocery Promo Code
  where fraud or misuse is suspected. You will have no claim against Eagzon
  in connection with such rejection or cancellation of a Grocery Promo Code.
  Eagzon will not be liable to any customer or household for any financial
  loss arising out of the cancellation or withdrawal of any Grocery Promo
  Code or any failure or inability of a customer to use a Grocery Promo Code
  for any reason.
• Grocery Promo Codes may not be copied, reproduced,
  published, or distributed directly or indirectly in any form for use by
  anyone other than the original recipient. By using a Grocery Promo Code,
  you warrant that you are the duly authorized recipient of it.

F. Eagzon Plus Membership

Eagzon Plus Membership
is subject to terms of use that can be found here: https://www.Eagzon.com/Eagzon-terms-of-use/

G. Eagzon Digital Photo Center

Any use of the Eagzon
Digital Photo Center (available at www.Eagzon.com/Photo) is subject to the
following additional terms:

• Eagzon claims no ownership rights to the photos, photo
  files, albums, projects, captions, or prints (collectively defined as
  “Photos”), that you place in your Eagzon Digital Photo Center Account.
  However, by uploading Photos into your Eagzon Digital Photo Center
  Account, you agree to waive all moral rights to those images. In addition,
  you grant to Eagzon a nonexclusive, worldwide, royalty-free, sublicensable
  license, so we can download, upload, copy, print, display, reproduce,
  modify, publish, post, transmit, distribute, and otherwise make available
  the photos included in your Eagzon Digital Photo Center Account for the following
  purposes: (1) displaying Photos to the people you select; (2) fulfilling
  orders; (3) improving the Eagzon Digital Photo Center service and enabling
  it to work as designed, including by using automated systems and
  algorithms to analyze and customize your Photos; and (4) developing new
  technologies and services for Eagzon. We will not use or modify your
  Photos for any purposes other than the foregoing without obtaining your
  express permission.
• You are responsible for monitoring and creating backup
  copies of the Photos stored in your account. Eagzon Digital Photo Center
  is not provided to you under any warranty. Eagzon will not be liable for
  any damage to your photos, albums, rolls, or uploads, including but not
  limited to loss, deletion or alteration.
• Eagzon may terminate your service or access to the Eagzon
  Digital Photo Center and delete any and all information, including but not
  limited to your Photos, without notice, for any reason including, but not
  limited to (1) your violation of these Terms of Use or other policies set
  by Eagzon elsewhere on the Eagzon Sites; (2) online conduct that Eagzon
  believes is harmful to other customers, the business of Eagzon, or other
  third-party information providers; and (3) failure to access your account
  for one (1) year.
• Eagzon reserves the right to disclose any Photos made
  available by you or any other customers as necessary to satisfy any law,
  regulation, or governmental request, or to edit, refuse to submit or to
  remove any Photos, in whole or in part, that in Eagzon’s judgment are
  unsuitable or in violation of these Terms of Use or other policy set by Eagzon
  elsewhere on the Eagzon Sites. Eagzon may delete, move, and edit Photos
  for any reason, at any time, without notice.
• By making available Photos, you warrant that you are
  the sole author and owner of the Photos, or that you have obtained all
  required releases or permissions to permit copying, printing, licensing of
  the Photos, and your use of the Eagzon Digital Photo Center, as set forth
  in these Terms of Use.
• Eagzon reserves the right to require that you obtain a
  signed copyright release form from the photographer or studio for
  photographs that are signed, stamped, or otherwise identified by any
  photographer or studio as copyrighted material, or any photograph that
  appears to have been taken by a professional photographer or studio, even
  if it is not marked with any sort of copyright. In such cases, negatives
  or digital images of a copyrighted image will be returned to you unprinted
  and you will be provided instructions on how to present Eagzon with a
  signed copyright release. Copyright owner release forms and copyright
  permission release forms are available in-store at the Eagzon Digital Photo
  Center.
• Eagzon will not assist in the copying of any state or
  federal document, including but not limited to driver’s licenses,
  passports, and social security cards.
• As a convenience to Eagzon customers, Eagzon may make
  third-party software available through the Eagzon Digital Photo Center
  either through physical distribution or by download. To use such software,
  you will agree to the terms and conditions imposed by the third party
  provider. Unless otherwise stated in any specific agreement, the agreement
  to use such software will be solely between you and the third party
  provider.
• Eagzon uses commercially reasonable efforts to maintain
  the availability of the Eagzon Digital Photo Center 24 hours a day, 7 days
  a week, and provide photo processing within the time frame communicated to
  you. However, Eagzon will not be liable to you for any unexpected outage
  or disruption of service. One-hour photo services are subject to
  limitations on store equipment and processing capacity, and actual pick-up
  times may vary.
• Making available any Photos to Eagzon for processing,
  printing, storage, transmission or other handling constitutes an agreement
  by you that any damage to your Photos or computer system, or any loss of
  data, by Eagzon, its subsidiaries, employees, or agents, even if caused by
  negligence or other fault, will only entitle you to replacement with a
  like amount of storage and processing. Except for replacement, to the
  fullest extent provided by applicable law, the handling of any Photos is
  not under warranty or liability, and recovery for any incidental or
  consequential damages is excluded.
• You understand and agree that any Content, including
  but not limited to Photos and software, downloaded or otherwise obtained
  through the use of the Eagzon Digital Photo Center is done at your own
  discretion and risk and that you will be solely responsible for any
  damages to your computer system or loss of data that may result in the
  download or upload of such material. Your use of the Eagzon Digital Photo
  Center may expose you to Photos you may feel objectionable. You take sole
  responsibility for such exposure.

H. Reserved.

I. Eagzon Registry for
Good

Any use of the Eagzon
Registry for Good (available at https://Eagzon.com/registry/registryforgood/welcome)
is subject to the following additional terms:

i. Eligibility

• Participation in Registry for Good Site is limited to Eagzon.com
  accounts that have been associated with an eligible recognized 501(c)(3)
  organization (“Charity”) as verified by Eagzon or its third party service
  provider. Each Eagzon.com account may create only one Registry for Good.
• Charities may be required to verify their compliance
  with these Terms, including verification that the Charity meets, or
  continues to meet the definition of a charity. Eagzon may monitor the
  Charity’s website or other information to verify its compliance with these
  Terms.

ii. Solicitation

• Charities may elect to make their Registry for Good
  searchable on the Registry for Good Site or may elect to make the registry
  private and available only to those who have a link.
• Charities are solely responsible for compliance with
  all solicitation regulations under each jurisdiction where they promote
  their Registry for Good, or the Registry for Good Site or any portion
  thereof.
• Charities acknowledge and agree that they are not
  entitled to receive, and Eagzon will not provide, any identifiable
  customer information in respect of purchases made from any Registry for
  Good. Eagzon will not promote any Charity or its Registry for Good.

iii. List Address

• Eagzon.com customers may purchase items selected by a
  Charity for its registry and choose to direct Eagzon to deliver them to
  the address designated by the Charity (“List Address”) or customers may
  choose to deliver the items to the Charity directly.
• List Addresses provided by the Charity must be owned or
  leased by the Charity. Charities must promptly update their List Address
  (and any other information requested by Eagzon) if the Charity address
  changes or it ceases holding a valid ownership or leasehold interest in
  the List Address. An agreement with a mail delivery agent or delivery
  service is not considered a leasehold for purposes of these Terms. By
  participating in the Registry for Good program, Charities consent and
  allow Eagzon or any of its affiliates to share the List Address with any
  seller that offers items on your Registry for Good that a customer elects
  to purchase and send to the Charity List Address.

iv. Charity Promotion

• Charities may only promote or link to their Registry
  for Good on their own website, user-generated content published through a
  social media account, or page belonging to the Charity, offline mailings,
  or email correspondence, and may only use such of Eagzon’s trademarks or
  logos, links to the Registry for Good Site, or other Eagzon Content Eagzon
  may make available to the Charity, in all cases in accordance with the
  following restrictions:
  • Charities may not promote or link to the Registry for
    Good, or the Registry for Good Site, in a way that is misleading,
    illegal, or confusing to viewers or that does not accurately represent
    the Registry for Good program.
  • Charities may not state, or imply that Eagzon funds,
    endorses, supports or is otherwise engaged in business with a Charity.
  • Charities may not request, collect, obtain, store,
    cache, or otherwise use any account information of, or used by, other Eagzon
    customers.
  • Charities may not modify, redirect, suppress, or
    substitute the operation of any button, link, or other feature of the Eagzon
    Content or the Registry for Good Site.
  • Charities may not frame your Registry for Good or the
    Registry for Good Site, or any part of it, on your own website, social
    media account, mailings or correspondence. Displaying a link in
    accordance with these Terms will not be considered framing.
• Eagzon reserves the right to terminate any Charity
  participation in the Registry for Good, or suspend access to the Registry
  for Good site for violation of these Terms, in addition to any other
  remedies available to Eagzon under these Terms or applicable law.

17. Disclaimer of Warranties

THE EAGZON SITES, AND
ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EAGZON SITES, AND/OR
EAGZON STORE LOCATIONS, ARE PROVIDED BY EAGZON ON AN “AS IS” AND “AS AVAILABLE”
BASIS. NO EAGZON ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EAGZON SITES OR THE CONTENT,
MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE EAGZON ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE EAGZON ENTITIES
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE
OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE
LAW, YOUR USE OF THE EAGZON SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES
NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN
ITEM THAT IS SOLD BY EAGZON TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL
PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE EAGZON SITES AND AGREE THAT
ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE EAGZON SITES MAY NOT
BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO EAGZON
ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT
RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE EAGZON SITES. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

YOU ACKNOWLEDGE AND
AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, EAGZON ENTITIES
WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR
UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED
REPRESENTATIVE OF A EAGZON ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE
LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY
ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR
MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK
OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF,
LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO EAGZON
ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN
CONNECTION WITH YOUR USE OF THE EAGZON SITES DURING THE SIX (6) MONTH PERIOD
PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW,
NO EAGZON ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER
OF THE EAGZON SITES.

19. Indemnification

You agree to defend
(at Eagzon’s option), indemnify, and hold the Eagzon Entities harmless from and
against any and all liabilities, claims, damages, costs, and expenses,
including attorneys’ fees and costs, arising from or related to your misuse of
the Eagzon Sites or any breach by you of these Terms of Use. Eagzon reserves
the right, at our expense, to assume exclusive defense and control of any
matter otherwise subject to indemnification by you and, in any case, you agree
to cooperate with Eagzon if and as requested by Eagzon in the defense and
settlement of such matter.

20. Disputes, Arbitration, and Applicable Law

PLEASE READ THIS
SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING
YOUR RIGHT TO FILE A LAWSUIT IN COURT.

1. Arbitration Agreement.

EXCEPT FOR DISPUTES
THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF
OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU
AND EAGZON, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY EAGZON OR THE
EAGZON ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL
AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A
COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE,
YOU AND EAGZON AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE
A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration
Agreement in these Terms of Use.

2. Class Action and Mass Action Waiver.

YOU AND EAGZON AGREE
THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON
AN INDIVIDUAL BASIS. You and Eagzon each agree to waive the right to have any
dispute or claim subject to the Arbitration Agreement brought, heard,
administered, resolved, or arbitrated as a class arbitration, class action,
collective action, or Mass Action to the maximum extent permitted by law. “Mass
Action” means a situation in which a party is represented by a law firm or
other representative, or a collection of law firms or other representatives,
that has initiated more than one hundred (100) arbitration Demands with common
questions of law or fact against Eagzon within 180 days of initiating your
arbitration Demand. This paragraph may be referred to as the “Class Action and
Mass Action Waiver” in these Terms of Use. Nothing in these Terms of Use
precludes you from bringing issues to the attention of federal, state, or local
government agencies and, if the applicable law allows, such agencies may seek
relief against Eagzon for you.

3. Initiating a Demand for Arbitration.

Any arbitration
required by the Arbitration Agreement shall be initiated by You or Eagzon by
sending the other a written demand for arbitration (“Demand”) only via
first-class mail, FedEx, or UPS within the statute of limitations period. Your
Demand shall be delivered to: Eagzon Inc. Legal Department, 312 W 2nd St, Casper, WY 82601. The Demand must include (i) the name,
telephone number, mailing address, and email address of the person or entity
seeking arbitration; (ii) a statement of the legal claims asserted and the
factual basis for those claims; (iii) a description of the remedy sought and an
accurate, good-faith calculation of the amount in controversy; (iv) the
original personal signature of the party seeking arbitration; and (v) the
original personal signature of any legal counsel or other representative
purporting to represent the party seeking arbitration. For purposes of this
paragraph, “original personal signature” does not include any digital, scanned,
electronic, copied, or facsimile signature. An original personal signature on
the Demand certifies the following: (i) the Demand is not being presented for
any improper purpose, such as to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; (ii) the claims and other legal contentions
are warranted by existing law or by a non-frivolous argument for extending,
modifying, or reversing existing law or for establishing new law; and (iii) the
factual contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery. The original personal signature by the party
seeking arbitration shall verify under penalty of perjury that the factual
statements contained in the Demand are true and correct. Compliance with this
paragraph tolls any applicable statute of limitations as to any dispute or
claim subject to the Arbitration Agreement that is stated in the Demand.

4. Filing a Demand for Arbitration.

A party seeking
arbitration of any dispute or claim subject to the Arbitration Agreement shall
submit a copy of the Demand to the American Arbitration Association (“AAA”)
sixty (60) or more days after the Demand is initiated pursuant to Section 20(C)
of these Terms of Use. The arbitration will be administered by the AAA pursuant
to the current AAA Consumer Arbitration Rules, except to the extent modified by
these Terms of Use. The AAA rules and instructions are available on the AAA
website at www.adr.org/consumer.

5. Conduct of Arbitration.

In any arbitration of
a dispute or claim that is subject to the Arbitration Agreement:

1. You or Eagzon may file such dispositive motions as
   would be permitted by the Federal Rules of Civil Procedure without
   obtaining permission from the arbitrator. Upon the filing of any
   dispositive motion, the arbitrator may stay all further action and deadlines
   in the arbitration until deciding such motion.
2. The parties shall have the right to conduct such
   discovery from the opposing party or any third party that is proportional
   to the needs of the claim or dispute, considering the importance of the
   issues at stake, the amount in controversy, the importance of the
   discovery in resolving the issues, and whether the burden or expense of
   the proposed discovery outweighs its likely benefit. Proportionality shall
   be decided by the arbitrator when requested by either party.
3. The arbitrator shall conduct any calls, conferences, or
   hearings by teleconference or videoconference, unless the arbitrator
   determines that an in-person hearing is appropriate. Any in-person hearing
   will be held at a location that is reasonably convenient. You and an
   employee of Eagzon shall attend all arbitrator calls, conferences, and
   hearings.
4. A party may make a written offer of judgment at least
   seven (7) days before the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim,
   counterclaim, or appeal was frivolous, asserted in bad faith, or pursued
   for purposes of harassment, the arbitrator shall award the opposing party
   its attorneys’ fees, costs, and expenses and all amounts charged by AAA
   for the arbitration.
6. The arbitrator will follow these Terms of Use and the
   law. The arbitrator shall not have the authority to commit errors of law
   or legal reasoning. The arbitrator may award relief only in favor of the
   individual party seeking relief and only to the extent necessary to
   provide relief warranted by that individual party’s claim. The arbitrator
   may not award relief for or against anyone who is not a party, though the
   individual relief awarded by the arbitrator may incidentally affect
   non-parties.
7. You or Eagzon may appeal an arbitration award that
   manifestly disregards the law by filing a notice of appeal with the AAA
   within 30 days after an award is rendered and delivered to the parties.
   The appeal shall be heard by a single arbitrator unless the parties agree
   to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the
   appeal shall be selected by agreement of the parties from among those on
   the AAA Appellate Panel. If the parties are unable to agree, AAA shall
   appoint the arbitrator(s) from among those on the AAA Appellate Panel. An
   arbitrator who previously presided over any aspect of a case shall be
   ineligible from serving as an appellate arbitrator in that same case. The
   appeal, including briefing, shall be conducted pursuant to the parties’
   agreement or the appellate arbitrator(s)’ orders if the parties are unable
   to agree.

6. Process for Arbitration Bellwether Demands.

If twenty-five (25) or
more Demands for arbitration of a dispute or claim subject to the Arbitration
Agreement are initiated (i) that involve common questions of law or fact and
(ii) where the initiating parties are represented by the same law firm, the
same group of coordinated law firms, or the same representative, then such
Demands shall be coordinated pursuant to this paragraph. The group of claimants
and group of respondents shall each select five (5) Demands, for a total of ten
(10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the
Bellwether Demands shall be assigned by AAA to a different arbitrator chosen from
its national roster. After ninety (90) days from the date all Bellwether
Demands have been arbitrated and any appeals exhausted, any remaining Demands
subject to this paragraph may be filed with AAA. The AAA Supplementary Rules
for Multiple Case Filings shall apply to the extent they are not inconsistent
with this paragraph. Notwithstanding any other provision in the Terms of Use,
You and Eagzon agree that a court of competent jurisdiction shall have
authority to enforce the terms of this paragraph with injunctive or other
relief.

7. Severability.

If (i) any dispute or
claim subject to the Arbitration Agreement is filed as a class arbitration,
class action, collective action, representative action, or Mass Action and (ii)
if the Class Action and Mass Action Waiver is held invalid or unenforceable as
to such dispute or claim, then the Arbitration Agreement does not apply to that
dispute or claim and such dispute or claim must be brought in a court of
competent jurisdiction. If any provision of Section 20 other than the Class
Action and Mass Action Waiver is held invalid or unenforceable as to a
particular dispute or claim, then such provision shall be severed from the
Terms of Use, and the remainder of the Terms of Use shall be enforceable to the
maximum extent permitted by law.

8. Applicable Law.

The Federal
Arbitration Act (“FAA”) governs the interpretation and enforcement of Section
20 of these Terms of Use. If the FAA is found not to apply to any portion of
Section 20 of these Terms of Use, then the applicable laws of the State of
Arkansas shall apply without regard to choice-of-law principles.

21. Termination

These Terms of Use are
effective unless and until terminated by either you or Eagzon. You may
terminate these Terms of Use at any time, provided that you discontinue any
further use of the Eagzon Sites. We also may terminate these Terms of Use at
any time and may do so immediately without notice, and deny you access to the Eagzon
Sites, if in our sole discretion you fail to comply with any term or provision
of these Terms of Use. Upon any termination of these Terms of Use by either you
or Eagzon, you must promptly destroy all Materials and other Content downloaded
or otherwise obtained from the Eagzon Sites, as well as all copies of such
Content, whether made under these Terms of Use or otherwise. The following
sections will survive any termination of these Terms of Use: “Your Use of the Eagzon
Sites,” “Content and Ideas,” “Monitoring by Eagzon,” “Materials Available on
the Eagzon Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Eagzon,”
“Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding
the rights granted to you in that Section), “Privacy,” “Third-Party Software
& Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of
Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and
“General”.

22. General

These Terms of Use
represent the complete agreement and understanding between you and Eagzon and
supersede all prior agreements and representations between the parties with
respect to the subject matter of these Terms of Use. These Terms of Use do not,
and shall not be construed to, create any partnership, joint venture,
employer-employee, agency, or franchisor-franchisee relationship between you
and Eagzon. Headings used in these Terms of Use are for reference purposes only
and in no way define or limit the scope of the section. Except as provided in
Section 20 above, if any provision of these Terms of Use is held to be
unenforceable for any reason, such provision will be reformed only to the
extent necessary to make it enforceable and the other terms of these Terms of
Use will remain in full force and effect. Except as provided in Section 20
above, these Terms of Use shall be interpreted and governed by the applicable
laws of the State of Arkansas without regard to choice-of-law principles. The
failure of Eagzon to act with respect to a breach of these Terms of Use by you
or others does not constitute a waiver and will not limit Eagzon’s rights with
respect to such breach or any subsequent breaches. You may not assign,
transfer, or sublicense any or all of your rights or obligations under these
Terms of Use without our express prior written consent. We may assign,
transfer, or sublicense any or all of our rights or obligations under these
Terms of Use without restriction. Any use of the term “including” or variations
thereof in these Terms of Use shall be construed as if followed by the phrase
“without limitation.” Notices to you (including notices of changes to this
these Terms of Use) may be made via posting to the Eagzon Sites or by e-mail
(including in each case via links), or by regular mail. Without limitation, a
printed version of these Terms of Use and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to these Terms of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.

23. Filtering

This is to notify you
that parental control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current
providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
Please note that we do not endorse any of the products or services listed on
such site.

24. How to Contact Us

If you have any
questions or comments, please contact us at https://Eagzon.com/help, or by mail
at the following address: Eagzon.com; 312 W 2nd ST, PMB 5598, Casper, Wyoming,
82601. Please note that e-mail communications will not necessarily be secure;
accordingly, you should not include credit card information or other sensitive
information in your e-mail correspondence with us. by telephone at (814)
283-4896.

Eagzon Sites: © 2023 Eagzon
All Rights Reserved.