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TERMS AND CONDITIONS

Before placing an order or renewal with TireLocker, Inc. (TireLocker), please make sure you (Customer) understand your rights and obligations under these terms and conditions, which apply to original and renewal periods. TireLocker is engaged in the storage and delivery of seasonal tires for customers (Services). All customer orders for Services must be accepted by TireLocker and are not valid until accepted by TireLocker and Customer has made all required payments. TireLocker reserves the right to reject any Customer order. For purposes of TireLocker Services: ďtiresĒ means tires as well as rims and any attached tires, and associated lug nuts, supplied to TireLocker; ďservice yearĒ means the 365-day period commencing when Customer signs up for the Services and Customer has made all required payments to commence the Services; and ďdealerĒ means the car dealership or other place of business where Customer has Customerís seasonal tires changed. These terms and conditions, as amended by TireLocker from time to time, will apply to future transactions for the Services without any further detailed agreement being necessary. TireLocker reserves the right to change its pricing and the terms and conditions at any time for future business transactions. For good and valuable consideration, and intending to be legally bound, Customer agrees to the following:

TireLocker Obligations
Upon commencement of the Services, TireLocker shall pick up Customerís seasonal tires not currently in use from Customerís home or the dealer or other business where the tires are located.The location of the initial pickup must be within 10 miles of customer's home address. TireLocker will store Customerís seasonal tires until Customer informs TireLocker that Customer desires to have Customerís seasonal tires delivered to Customerís dealer. TireLocker will take the seasonal tires that have been removed from Customerís vehicle to a TireLocker storage facility.Customerís dealer must be within 10 miles of Customerís home address on TireLocker's records. If Customerís dealer is not within 10 miles of Customerís home address on TireLockerís records, Customer agrees that Customer may be charged a fee determined by TireLocker for any location beyond the first 10 miles from Customerís home. In no event will TireLocker be obligated to deliver any tires beyond 10 miles from Customerís home address of record.For the yearly fee, Customer is entitled to have Customerís seasonal tires picked up and delivered to a dealer two times during a 365-day period. For example, if Customer changes seasonal tires in November and April of each year, TireLocker will deliver Customerís winter tires to Customerís dealer in November and pick up and store Customerís summer tires at that time, and deliver Customerís summer tires to Customerís dealer in April and pick up and store Customerís winter tires at that time. TireLockerís obligations are conditioned on Customerís dealer agreeing to accept from TireLocker and hold Customerís tires for a period of at least three full business days prior to the time for tire changing and at least three full business days prior to the time for pick up by TireLocker. Once the tires are delivered to Customerís dealer, Customer and the dealer are responsible for installation of the tires and/or any other related tire services.If at the same time Customer is changing tires Customer buys new seasonal tires from the Customerís dealer, at no additional cost TireLocker will pick up the new tires for the old tires when TireLocker is scheduled to deliver and pick up Customerís seasonal tires. If Customer buys new seasonal tires from a business other than the business that Customer uses to change Customerís seasonal tires or from the business that Customer uses to change Customerís seasonal tires but not at the same time Customer is changing Customerís tires, Customer shall call TireLocker to make arrangements to replace the tires. For an additional fee determined by TireLocker, TireLocker will pick up Customerís new tires from Customer or at the place of purchase (as long as it is within 10 miles of customer's home address of record) and return the old tires to Customer. Customer and Customerís dealer will be responsible for disposal of any old tires and any tires after non-renewal of TireLocker services.

Customer Obligations
DURING THE PERIOD BETWEEN OCTOBER 1 AND DECEMBER 15 OF EACH YEAR AND BETWEEN MARCH 1 AND MAY 15 OF EACH YEAR (“CHANGING SEASON”) CUSTOMER MUST NOTIFY TIRELOCKER BY PHONE AT LEAST 72 HOURS PRIOR TO THE TIME FOR TIRE CHANGING (THE 72 HOURS TO EXCLUDE WEEKENDS AND HOLIDAYS) IN ORDER TO PROVIDE TIRELOCKER WITH SUFFICIENT TIME TO DELIVER THE TIRES TO CUSTOMER’S DEALER. OUTSIDE OF THE CHANGING SEASON, CUSTOMER MUST NOTIFY TIRELOCKER BY PHONE AT LEAST ONE WEEK PRIOR TO THE TIME FOR TIRE CHANGING IN ORDER TO PROVIDE TIRELOCKER WITH SUFFICIENT TIME TO DELIVER THE TIRES TO CUSTOMER’S DEALER AND MUST PAY IN ADVANCE AN ADDITIONAL SEVENTY-FIVE DOLLARS ($75) PLUS APPLICABLE TAX FOR EACH DELIVERY AND EACH PICKUP. CUSTOMER MUST USE A DEALER TO CHANGE CUSTOMER’S TIRES THAT AGREES TO ACCEPT FROM TIRELOCKER AND HOLD CUSTOMER’S TIRES FOR A PERIOD OF AT LEAST THREE FULL BUSINESS DAYS PRIOR TO THE TIME FOR CHANGING AND AT LEAST THREE FULL BUSINESS DAYS PRIOR TO THE TIME FOR PICK UP BY TIRELOCKER. CUSTOMER MUST ENSURE CUSTOMER’S TIRES ARE READY FOR PICK UP WHEN THE INITIAL PICK UP IS SCHEDULED; FAILURE BY CUSTOMER TO COMPLY WITH SUCH OBLIGATION SHALL RESULT IN AN EXTRA FEE OF NOT LESS THAN $75 PLUS APPLICABLE TAX FOR EACH DELVERY AND EACH PICKUP AS DETERMINED BY TIRELOCKER FOR THE NEXT PICK UP OR DELIIVERY. CUSTOMER AGREES TIRELOCKER IS PERMITTED TO MARK OR OTHERWISE IDENTIFY CUSTOMER'S TIRES FOR TRACKING PURPOSES.

TireLocker is not responsible for any services or products provided by Customer’s dealer. Such services and products are the sole responsibility of Customer. Customer shall be solely responsible for disposal at any time of all tires and Customer agrees to make such disposal in accordance with all applicable laws. If after the Services are no longer requested by Customer, TireLocker disposes of any of Customer’s tires or needs to charge customer for any other additional fees, Customer hereby authorizes TireLocker to charge Customer’s credit and/or debit card, and otherwise hold Customer responsible, for the cost of such disposal, plus $300.00.

Customer shall not deliver any tires directly to TireLocker. Customer agrees that Customer shall have no access to TireLocker’s storage facilities and that TireLocker has the right to reject any tires of Customer that TireLocker believes are not suitable for storage or delivery.

Payments by Customer
Customer agrees to pay the fees in effect, plus all applicable taxes, for tire storage and delivery at the time Customer signs up for the TireLocker Services and at the current rates at the time of all renewals. Any payments not paid when due shall bear daily interest at a per annum rate of eighteen percent. Customer authorizes TireLocker to charge all amounts due under any applicable credit or debit card presented to and acceptable to TireLocker. Customer agrees that there are additional fees for tires larger than 30 inches high and 10 inches wide. If Customer has agreed to automatic renewal, TireLocker may charge Customer’s credit or debit card, used at the time of the initial ordering of services, ten (10) days before each anniversary date of Customer starting TireLocker Services. If Customer has not elected the automatic renewal, TireLocker will contact Customer at least 5 days prior to the anniversary date. If Customer does not renew, TireLocker will deliver Customer’s tires to the home address on TireLocker’s records, as long as customer's home address is within 10 miles of TireLocker's storage location or for a fee of not less than $200 if more than 10 miles - TireLocker may refuse to deliver such tires for locations more than 10 miles. If Customer terminates the need for TireLocker Services prior to expiration of the service year, TireLocker will not provide any refund or credit to Customer. The current yearly fees for the Services for one service year are $299 for 2 tires and $399 for 4 tires, plus applicable sales tax.

Termination
This Agreement shall become effective upon acceptance by TireLocker of Customer’s request for the Services and payment by Customer. Either party shall have the right to terminate this Agreement upon notice at any time. Upon termination by Customer prior to the end of the then current service year, Customer shall not be entitled to any refund or credit of any payments made by Customer, and Customer shall be responsible for a fee to be determined by TireLocker which is hereby authorized by Customer if TireLocker has already delivered Customer’s tires to a dealer or other location twice within the current service year. Upon the expiration or termination of this Agreement, TireLocker shall deliver Customer’s tires to Customer’s home address of record, as long as customer's home address is within 10 miles of TireLocker's storage location or for a fee of not less than $200 if more than 10 miles - TireLocker may refuse to deliver such tires for locations more than 10 miles. If TireLocker terminates this Agreement before the end of the then current service year, and only if Customer does not owe any amounts to TireLocker, as Customer's sole remedy, Customer shall be entitled to only a pro rata unused portion of the yearly fee then paid by Customer for the then current service year based on the number of elapsed days in the then current service year.

Acknowledgment of Existing Conditions
Customer acknowledges that Customerís tires might be damaged prior to receipt by TireLocker and TireLocker is not responsible for such damage. TireLocker will not be responsible for any normal wear and tear or aging of tires that may occur to Customerís tires during performance of the Services.

Unpaid Charges; Security Interest
In the event there are any unpaid charges, Customer grants TireLocker a security interest in Customerís tires to secure the payment of the charges incurred by Customer. Any items which have not been claimed and paid for within ten (10) days after the date of completion of the service year will be considered abandoned by the Customer and may be disposed of at the sole discretion of TireLocker without any compensation payable to customer.

No Warranties; Limitation of Liability
TIRELOCKER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT WILL TIRELOCKER, ITS CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, OR SUPPLIERS, BE LAIBLE FOR ANY DAMAGES, COSTS, AND/OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES, COSTS, AND/OR EXPENSES FOR ANY PERSONAL INJURY, DEATH, INCONVENIENCE, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, OR INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, COSTS, AND/OR EXPENSES ARISING FROM THE SERVICES OR LACK OF SERVICES, EVEN IF TIRELOCKER OR ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, AND/OR EXPENSES. TO THE EXTENT TIRELOCKER BECOMES LIABLE NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, TIRELOCKERíS MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE UNUSED PRO RATA PORTION OF PAYMENTS RECEIVED BY TIRELOCKER FOR THE SERVICES FOR THE THEN CURRENT SERVICE YEAR.

Customerís Representation and Indemnification
Customer represents and warrants to TireLocker that Customer is the owner of, and/or has the right to be in possession of, all tires furnished to TireLocker; and Customer will defend, at its expense, indemnify, and hold harmless TireLocker against any damages and expenses that may occur (including reasonable attorneysí fees), and pay any costs, damages, expenses, or attorneysí fees awarded against TireLocker, resulting from Customerís breach of this section or delivery of tires to Customer or any other party as requested by Customer. Customer represents and warrants the tires delivered to TireLocker are and will continue to be free and clear of any liens, encumbrances, and other partiesí rights.

Uncontrollable Circumstances
Either partyís performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or make impractical by: (a) the acts or omissions of the other party or any third party; (b) weather, flood, fire, strike, war, riot, traffic congestion or road construction, mechanical breakdown, electrical shortage or blackout; (c) unavailability of the internet or phone or fax resulting in an inability to communicate with TireLocker or Customer; (d) any other cause (whether or not similar to those listed) beyond the reasonable control of that party. Upon the occurrence of any such event(s), the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of such event(s) can be made.

Internet services and Customer data
We offer an Internet platform to our Customers that can be used to purchase the Services and communicate with TireLocker. It is common knowledge that it is not possible to develop or operate error-free software and hardware or exclude errors, which may occur while using the Internet. We will not be liable for any damages or delays to Customer or third parties incurred as a result of using the Internet or our platform.

We reserve the right to collect, process and store Customerís data, as well as use it for our own purposes, all as stated in any Policy on our website. We have the right to forward user data to official authorities where required by law and to third parties agreed to in writing by Customer. We will not process or forward user data other than to the extent described in this paragraph and any Policy on our website.

Miscellaneous
The parties agree that this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to conflict of laws principles; provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. Any failure of either party to enforce, at any time or for any period of time, any of the provisions under this Agreement shall not be construed as a waiver of the right of such party to enforce such provisions unless such waiver is in writing. The parties agree that their obligations under this Agreement shall survive the termination of the Agreement. Any notice in connection with this Agreement shall be in writing and shall be deemed to have been given when personally delivered or on the fifth (5th) day following the date it is sent and received by email or the fifth (5th) day following the date it is sent by United States registered or certified mail, postage prepaid, return receipt requested, to the Customerís applicable address of record or to TireLockerís applicable address on its website. Either party may change its address for notices hereunder by giving notice of such change in writing to the other party. Neither TireLocker nor Customer are the legal representative or agent of the other party for any purpose, and shall not promote themselves as such, and shall have no power to create, in writing or otherwise, any obligation or responsibility of any kind, expressed or implied, in the name of or on behalf of the other party. All amounts payable shall be in U.S. Dollars. The headings contained in this Agreement are for convenience of reference only and are not intended to have any substantive effect in interpreting this Agreement. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorized representative of each party to this Agreement. This Agreement and any Policies on Tirelockerís website constitute the entire Agreement between the parties in relation to this subject matter. Any dispute arising out of this Agreement if initiated by Customer shall be referred to arbitration with a single arbitrator in Philadelphia, Pennsylvania in accordance with the rules of the American Arbitration Association for commercial disputes. Customer shall pay TireLockerís collection costs, and attorneysí fees and costs, if TireLocker obtains the services of a collection company and/or an attorney for purposes of collection or for the successful defense of any claim by Customer.

All rights are reserved by TireLocker. Text, images, sound, graphics, animations and videos, as well as layout of TireLockerís website are covered by copyright and other trademarks. It is prohibited to copy, distribute, change, or offer access to a third party, the content of TireLockerís website for commercial purposes. Some of our website pages include images, which are copyrighted by a third party. As indicated some of our trademarks and service marks on our websites are property of TireLocker or other parties and might be registered trademarks and service marks. The use of our website does not grant any license to intellectual property by TireLocker or any third party.

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