Terms and Conditions

TERMS AND CONDITIONS

We are Eagle Power 5ive, doing business as EP5 ("Company," "we," "us," "our"), a

company registered in Illinois, United States at 679 Parkwood Ave, Romeoville, IL

60446.

We operate the website http://www.eaglepower5.com (the "Site"), as well as any

other related products and services that refer or link to these legal terms (the "Legal

Terms") (collectively, the "Services").

You can contact us by email at info@eaglepower5.com. or by mail to 679 Parkwood Ave, Romeoville, IL 60446, United States.

These Legal Terms constitute a legally binding agreement made between you,

whether personally or on behalf of an entity ("you"), and Eagle Power 5ive,

concerning your access to and use of the Services. You agree that by accessing the

Services, you have read, understood, and agreed to be bound by all of these Legal

Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU

ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the

Services from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to

these Legal Terms at any time and for any reason. We will alert you about any

changes by updating the "Last updated" date of these Legal Terms, and you waive

any right to receive specific notice of each such change. It is your responsibility to

periodically review these Legal Terms to stay informed of updates. You will be subject

to, and will be deemed to have been made aware of and to have accepted, the

changes in any revised Legal Terms by your continued use of the Services after the

date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the

age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to

or use by any person or entity in any jurisdiction or country where such distribution or

use would be contrary to law or regulation or which would subject us to any

registration requirement within such jurisdiction or country. Accordingly, those

persons who choose to access the Services from other locations do so on their own

initiative and are solely responsible for compliance with local laws, if and to the extent

local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health

Insurance Portability and Accountability Act (HIPAA), Federal Information Security

Management Act (FISMA), etc.), so if your interactions would be subjected to such

laws, you may not use the Services. You may not use the Services in a way that

would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services,

including all source code, databases, functionality, software, website designs, audio,

video, text, photographs, and graphics in the Services (collectively, the "Content"), as

well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various

other intellectual property rights and unfair competition laws) and treaties in the

United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your

personal, non-commercial use or internal business purpose only.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal

capacity and you agree to comply with these Legal Terms; (2) you are not a minor in

the jurisdiction in which you reside; (3) you will not access the Services through

automated or non-human means, whether through a bot, script or otherwise; (4) you

will not use the Services for any illegal or unauthorized purpose; and (5) your use of

the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Services (or any portion thereof).

4. PRODUCTS

We make every effort to display as accurately as possible the colors, features,

specifications, and details of the products available on the Services. However, we do

not guarantee that the colors, features, specifications, and details of the products will

be accurate, complete, reliable, current, or free of other errors, and your electronic

display may not accurately reflect the actual colors and details of the products. All

products are subject to availability, and we cannot guarantee that items will be in

stock. We reserve the right to discontinue any products at any time for any reason.

Prices for all products are subject to change.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Discover

- PayPal

You agree to provide current, complete, and accurate purchase and account

information for all purchases made via the Services. You further agree to promptly

update account and payment information, including email address, payment method,

and payment card expiration date, so that we can complete your transactions and

contact you as needed. Sales tax will be added to the price of purchases as deemed

required by us. We may change prices at any time. All payments shall be in US

dollars.

You agree to pay all charges at the prices then in effect for your purchases and any

applicable shipping fees, and you authorize us to charge your chosen payment

provider for any such amounts upon placing your order. We reserve the right to

correct any errors or mistakes in pricing, even if we have already requested or

received payment.

We reserve the right to refuse any order placed through the Services. We may, in our

sole discretion, limit or cancel quantities purchased per person, per household, or per

order. These restrictions may include orders placed by or under the same customer

account, the same payment method, and/or orders that use the same billing or

shipping address. We reserve the right to limit or prohibit orders that, in our sole

judgment, appear to be placed by dealers, resellers, or distributors.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we

make the Services available. The Services may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or

compile, directly or indirectly, a collection, compilation, database, or directory

without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the

Services, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Services and/or the Content

contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

• Use any information obtained from the Services in order to harass, abuse, or

harm another person.

• Make improper use of our support services or submit false reports of abuse or

misconduct.

• Use the Services in a manner inconsistent with any applicable laws or

regulations.

• Engage in unauthorized framing of or linking to the Services.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,

or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party's

uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Services.

• Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of

another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts

as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats ("gifs"), 1)(1

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

"spyware" or "passive collection mechanisms" or "pcms").

• Interfere with, disrupt, or create an undue burden on the Services or the

networks or services connected to the Services.

• Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Services to you.

• Attempt to bypass any measures of the Services designed to prevent or

restrict access to the Services, or any portion of the Services.

• Copy or adapt the Services' software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or

reverse engineer any of the software comprising or in any way making up a

part of the Services.

• Except as may be the result of standard search engine or Intemet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Services, or use or launch any unauthorized script or other

software.

• Use a buying agent or purchasing agent to make purchases on the Services.

• Make any unauthorized use of the Services, including collecting usernames

and/or email addresses of users by electronic or other means for the purpose

of sending unsolicited email, or creating user accounts by automated means or

under false pretenses.

• Use the Services as part of any effort to compete with us or otherwise use the

Services and/or the Content for any revenue-generating endeavor or

commercial enterprise.

• Use the Services to advertise or offer to sell goods and services.

• Sell or otherwise transfer your profile.

7. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Services. We also reserve the right to

modify or discontinue all or part of the Services without notice at any time. We will not

be liable to you or any third party for any modification, price change, suspension, or

discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Services, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Services at any time or

for any reason without notice to you. You agree that we have no liability whatsoever

for any loss, damage, or inconvenience caused by your inability to access or use the

Services during any downtime or discontinuance of the Services. Nothing in these

Legal Terms will be construed to obligate us to maintain and support the Services or

to supply any corrections, updates, or releases in connection therewith.

8. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in

accordance with the laws of the State of Illinois applicable to agreements made and

to be entirely performed within the State of Illinois, without regard to its conflict of law

principles.

9. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO

THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE

THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT

THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE

CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE

SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR

ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TOAND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE

SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,

VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO

OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS

OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR

DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY

CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA

THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, ORASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED

WEBSITE, ORANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN

ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN

YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS

WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM

OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENTAND

EXERCISE CAUTION WHERE APPROPRIATE.

10. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE

AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD

PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND

INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED

WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF

THESE LAWS APPLY TO YOU, SOME ORALL OF THE ABOVE DISCLAIMERS OR

LIMITATIONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL

RIGHTS.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys' fees and expenses, made by any third party due to or arising out of: (1)

use of the Services; (2) breach of these Legal Terms; (3) any breach of your

representations and warranties set forth in these Legal Terms; (4) your violation of

the rights of a third party, including but not limited to intellectual property rights; or (5)

any overt harmful act toward any other user of the Services with whom you

connected via the Services. Notwithstanding the foregoing, we reserve the right, at

your expense, to assume the exclusive defense and control of any matter for which

you are required to indemnify us, and you agree to cooperate, at your expense, with

our defense of such claims. We will use reasonable efforts to notify you of any such

claim, action, or proceeding which is subject to this indemnification upon becoming

aware of it.

12. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of

managing the performance of the Services, as well as data relating to your use of the

Services. Although we perform regular routine backups of data, you are solely

responsible for all data that you transmit or that relates to any activity you have

undertaken using the Services. You agree that we shall have no liability to you for

any 1055 or corruption of any such data, and you hereby waive any right of action

against us arising from any such 1055 or corruption of such data.

13. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications, and

you agree that all agreements, notices, disclosures, and other communications we

provide to you electronically, via email and on the Services, satisfy any legal

requirement that such communication be in writing. YOU HEREBY AGREE TO THE

USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER

RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND

RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIATHE

SERVICES. You hereby waive any rights or requirements under any statutes,

regulations, rules, ordinances, or other laws in any jurisdiction which require an

original signature or delivery or retention of non-electronic records, or to payments or

the granting of credits by any means other than electronic means.

14. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the California Department of

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

15. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services

or in respect to the Services constitute the entire agreement and understanding

between you and us. Our failure to exercise or enforce any right or provision of these

Legal Terms shall not operate as a waiver of such right or provision. These Legal

Terms operate to the fullest extent permissible by law. We may assign any or all of

our rights and obligations to others at any time. We shall not be responsible or liable

for any loss, damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Legal Terms is

determined to be unlawful, void, or unenforceable, that provision or part of the

provision is deemed severable from these Legal Tenns and does not affect the

validity and enforceability of any remaining provisions. There is no joint venture,

partnership, employment or agency relationship created between you and us as a

result of these Legal Terms or use of the Services. You agree that these Legal Terms

will not be construed against us by virtue of having drafted them. You hereby waive

any and all defenses you may have based on the electronic form of these Legal

Terms and the lack of signing by the parties hereto to execute these Legal Terms.

16. CONTACT US

In order to resolve a complaint regarding the Services or to receive further

information regarding use of the Services, please contact us at:

Eagle Power 5ive

679 Parkwood Ave

Romeoville, IL 60446

United States

info@eaglepower5.com