TarpStop, LLC

Terms and Conditions of Sale

Last Updated Date: April 27, 2026

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THIS DOCUMENT CAREFULLY.

THESE TERMS AND CONDITIONS OF SALE REQUIRE YOU TO SUBMIT TO ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE OR THROUGH ONE OF OUR STORES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF SALE. TO THE EXTENT THAT YOU ARE PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MUST NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM TARPSTOP IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT (I) AT LEAST 18 YEARS OF AGE, OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH TARPSTOP, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR SITE OR ANY OF OUR GOODS OR SERVICES BY APPLICABLE LAW.

1. These terms and conditions of sale (the “Terms”) apply to the purchase and sale of products and services through www.tarpstop.com (the “Site”) and our physical stores. These Terms are entered into by and between TarpStop, LLC and you (“you,” “your,” or “user”), the customer. These Terms are subject to change at TarpStop, LLC’s discretion (“TarpStop,” “us,” “we,” or “our”) without prior written notice at any time. Any such changes to these Terms will go into effect as of the “Last Updated Date” referenced at the top of the document. You should review these Terms prior to purchasing any product or services from us at our stores or on our Site. Your purchase of products or services from us or your continued use of the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. Acceptance of any agreement with TarpStop is made expressly conditional on your acceptance to these Terms. Any terms or conditions contained in any document sent by you to TarpStop that attempts to add, modify, supplement, or is otherwise inconsistent with these Terms is hereby expressly rejected and of no legal effect.

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation by telephone, mail, or email, as applicable, with your order number and details of the items that you have ordered.

3. Prices and Payment Terms.

1. Prices posted on this Site may be different than the prices offered by us at our physical store locations. All prices, discounts and promotions posted on the Site and in our stores are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be detailed in your order confirmation from us. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, charges for shipping and handling, or any applicable credit card surcharges as described in Section 3(f); the credit card surcharges, if any, will apply only to in-store transactions. For orders on our Site, all applicable taxes and shipping and handling charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

2. We may offer from time to time promotions on the Site or in our stores that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

3. The following terms may be used by us to communicate pricing information to you:

1. “Sale” refers to a reduced price for a product or service during a specific time period.

2. “Clearance” refers to a reduced price for a product or service that will be discontinued.

4. Terms of payment are within our sole discretion and payment must be received by us prior to our acceptance of an order, except to the extent that TarpStop requires a Deposit as described in Section 3(g), in which case the Deposit must be received by us prior to our acceptance of the order and the balance of the purchase price will be due as stated in your order confirmation or invoice. We accept Visa, MasterCard, Discover and American Express credit cards for all purchases. TarpStop reserves the right to add or remove accepted payment methods at any time, in its sole discretion, and any changes to accepted payment methods will be reflected on the Site and at our physical store locations, as applicable. To the extent that the rules of any accepted card network impose specific requirements or restrictions on surcharging (including any non-discrimination provisions applicable to American Express transactions), TarpStop will comply with such requirements, and the credit card surcharge described in Section 3(f) shall be applied in a manner consistent with the rules of each applicable card network.

5. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for your purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges, applicable taxes, and applicable credit card surcharges as described in Section 3(f), if any, regardless of the amount quoted on the Site or at our physical store locations at the time of your order.

6. For purchases made at physical store locations, a surcharge may be applied to purchases made using a credit card to offset the cost of credit card processing. No credit card surcharges will be applied to purchases made through the Site. TarpStop reserves the right, in its sole discretion, to apply credit card surcharges at certain sales channels, store locations, or transaction types and not others. For the avoidance of doubt, the application of a credit card surcharge at one sales channel (e.g., physical store locations) shall not obligate TarpStop to apply a credit card surcharge at any other sales channel (e.g., the Site), and vice versa. The surcharge will not exceed the lesser of (i) TarpStop’s actual cost of credit card acceptance for the applicable card brand, or (ii) the maximum surcharge percentage permitted by the applicable card network and applicable law. No surcharge will be applied to transactions made using a debit card or prepaid card, even if the card bears a Visa, MasterCard, Discover, or American Express logo and is processed through a credit card network. The applicable surcharge amount, if any, will be disclosed to you prior to the completion of your transaction. For purchases made at our physical store locations, the surcharge will be posted at the store entrance and at the point of sale and will appear as a separate line item on your receipt. You acknowledge and agree that by completing a purchase using a credit card, you consent to the assessment of the applicable surcharge as described in this Section 3(f).

   Notwithstanding anything to the contrary in this Section 3(f), TarpStop may, in its sole discretion, waive, reduce, or otherwise modify the credit card surcharge for any customer pursuant to a separate written agreement between TarpStop and such customer. Any such waiver, reduction, or modification shall apply only to the extent expressly set forth in the applicable written agreement and shall not constitute a waiver of TarpStop’s right to assess credit card surcharges on any other customer or transaction. For clarity, the terms of any separate written agreement between TarpStop and a customer regarding credit card surcharges shall control over the terms of this Section 3(f) to the extent of any conflict. TarpStop reserves the right to modify or discontinue the credit card surcharge at any time, in its sole discretion, consistent with applicable card network rules and applicable law. TarpStop further reserves the right, in its sole discretion, to begin assessing credit card surcharges on purchases made through the Site at any time in the future, subject to applicable law and card network rules, by updating these Terms in accordance with Section 1.

   TarpStop’s credit card surcharge practices are implemented and maintained in accordance with the rules and requirements of the applicable card networks, including any applicable notice, registration, and disclosure requirements. TarpStop reserves the right to adjust its surcharge practices at any time as may be necessary to maintain compliance with such card network rules.

   Credit card surcharges will not be assessed on transactions in any state, territory, or jurisdiction where such surcharges are prohibited or restricted by applicable law. In the event that applicable law in a particular jurisdiction imposes a maximum surcharge amount that is lower than the surcharge that would otherwise apply under this Section 3(f), TarpStop will reduce the surcharge to the maximum amount permitted in such jurisdiction. It is TarpStop’s policy to comply with all applicable federal, state, and local laws governing credit card surcharges, and TarpStop reserves the right to modify its surcharge practices on a jurisdiction-by-jurisdiction basis as necessary to maintain such compliance.

7. Deposits. For certain orders, including orders for products that are customized or manufactured to your specifications and orders for services to be performed on your equipment, TarpStop may, in its sole discretion, require you to pay a deposit before TarpStop accepts or begins work on your order (a “Deposit”). The amount of any Deposit will be disclosed to you before you place your order and will be reflected in your order confirmation or invoice. Any Deposit paid by you will be credited toward the total purchase price of the applicable order. YOU ACKNOWLEDGE AND AGREE THAT ALL DEPOSITS ARE NON-REFUNDABLE. If you cancel your order, fail to pay the balance of the purchase price when due, fail to take delivery of or pick up the completed order, or otherwise fail to fulfill your obligations with respect to the order, TarpStop may retain the entire Deposit as liquidated damages. You and TarpStop agree that the damages TarpStop would incur in such event, including costs of materials, labor, scheduling, lost production capacity, and lost sales opportunities, would be difficult or impossible to determine with certainty, and that the Deposit represents a reasonable estimate of such damages and is not a penalty. TarpStop’s retention of a Deposit shall be without prejudice to TarpStop’s right to collect any accrued storage fees under Section 4(c) or any other amounts then due for work completed or materials furnished in excess of the Deposit. Notwithstanding the foregoing, if TarpStop declines to accept or cancels your order for reasons other than your failure to fulfill your obligations, or if you cancel an order pursuant to Section 12, TarpStop will refund the Deposit to you.

4. Shipments and Delivery.

1. Site Sales. TarpStop will arrange for shipment of the products you purchase through the Site to be delivered to you, except as otherwise noted on the Site. Please check the individual product page for specific delivery options. You shall pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

2. Store Sales. TarpStop will advise you of the shipping options for the products purchased through our stores. To the extent shipping is required, TarpStop will charge you for all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

3. Storage. If you are taking delivery of a completed order of products or services at one of our physical store locations and the completed order required your equipment (e.g., a flatbed trailer) to be serviced at one of our physical store locations, you will need to pick up your equipment with the completed work during TarpStop’s normal business hours and not more than ten (10) business days after the date our invoice was issued (the “Invoice Date”) for our completed work. After the expiration of ten (10) business days from the Invoice Date, a daily storage fee of $15 will be charged to you until your equipment with completed work is removed by you or your designee. TarpStop shall be under no obligation to release such equipment unless and until all outstanding invoice amounts and accrued storage fees have been satisfied in full. If you drop your equipment at one of our physical store locations and subsequently decide to not have work completed on your equipment, you will need to pick up your equipment not more than five (5) business days after the decision by you or TarpStop to not proceed with any work on such equipment. After the expiration of five (5) business days, a daily storage fee of $15 will be charged until your equipment is removed by you or your designee. TarpStop shall be under no obligation to release such equipment unless and until all outstanding invoice amounts and accrued storage fees have been satisfied in full.

5. Title and Risk of Loss. Title and risk of loss shall pass to you upon our transfer of the products to the transportation carrier for delivery. Shipping and delivery dates are estimates and cannot be guaranteed. In no event will TarpStop be liable for any delay in shipments.

6. Returns and Refunds. We are unable to accept returns of products that are customized or manufactured to customer specifications, or products that have been used or exposed to environmental conditions. We are also unable to accept returns on any products designated on our Site as “final sale” or “non-returnable.” Except as otherwise provided herein, we will accept returns and exchanges of new and original condition products within thirty (30) days of shipment, with a valid proof of purchase. For products that are eligible for a refund as set forth in this Section 6, we will refund the purchase price, minus any applicable freight and restocking fees, as set forth herein. Any Deposit is non-refundable except as expressly provided in Section 3(g). Any credit card surcharge assessed at the time of purchase is non-refundable, except to the extent that a refund of the surcharge is required by applicable law or applicable card network rules in connection with an eligible return or refund of the underlying purchase. If a refund of the credit card surcharge is required by applicable law or card network rules, TarpStop will refund the surcharge amount in accordance with such requirements. Customer is responsible for proper packaging of any returned product, and unless TarpStop made an error or the product is defective, you are also responsible for the return shipping or freight charges and a 10% restocking fee against the total purchase price. Prepayment is required in circumstances where TarpStop sends you a replacement product prior to receiving a returned product. Once your returned product is received in compliance with this Section, we will refund the difference to you after deducting the applicable restocking and freight charges. You shall bear the risk of loss during any returned shipment and therefore we recommend that you fully insure your return shipment against loss or damage.

7. TarpStop Warranty and Disclaimers. Except as otherwise provided in this Section 7, TarpStop does not offer any warranties on any of the other products that TarpStop sells online or in its stores, including those products that are manufactured by third parties. The availability of products or services through the Site or in our stores does not indicate an affiliation with or endorsement of any product, service or manufacturer. Except as otherwise provided below, we do not provide any warranties with respect to the products or services we offer for sale.

1. TarpStop offers a warranty for the Fastrak II Rolling Tarp System as set forth in Exhibit A, which is attached hereto.

2. TarpStop offers a three-month warranty on tarps that are manufactured by TarpStop from defects in material and workmanship, which commences upon the earlier of: (i) your receipt of the TarpStop manufactured tarp, or (ii) the shipment date of the TarpStop manufactured tarp.

3. All other products that are manufactured by TarpStop, including TarpStop manufactured tarp systems are warranted for twelve months from defects in material and workmanship, which commences upon the earlier of: (i) your receipt of the TarpStop manufactured tarp, or (ii) the shipment date of the TarpStop manufactured tarp.

   In the event of a warranty claim under subsections (a) through (c) of this Section 7, you shall promptly provide notice to TarpStop and provide reasonable evidence of the defect in material or workmanship, as applicable. TarpStop shall have no responsibility to honor any warranty where the defect is due to abuse, misuse, improper installation by an unauthorized third party, or use of a product that is not consistent with TarpStop’s documentation, as determined in TarpStop’s reasonable discretion. For a valid and eligible warranty claim, TarpStop shall have the option to either (i) repair the defective product; or (ii) refund the purchase price for the applicable TarpStop product. The foregoing TarpStop warranties cover parts and labor only for the specific defective product and only for equipment that is manufactured by and/or installed at a TarpStop facility. In the event that a warranty claim is for a defective TarpStop product that was installed at an authorized dealer facility (and not by TarpStop), then TarpStop will only be responsible for the cost of the product, but not any labor. Any warranty repairs will be performed at TarpStop company locations or an approved service center only with prior written consent from the management of TarpStop. All warranty claims are subject to inspection and approval of the management of TarpStop. No warranty claim will be paid without prior approval from TarpStop. To the extent that a product is manufactured by a third party, but installed by TarpStop, any warranty coverage for such products will be based on any manufacturer stated warranty and policy issued by such third party manufacturer.

   The warranties set forth in this Section 7 are the exclusive warranty for products manufactured by TarpStop and services rendered by TarpStop and are made in lieu of all other warranties, express or implied. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 7 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TARPSTOP HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES UNDER THE LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY BY VIRTUE OF USAGE OF TRADE, COURSE OF PERFORMANCE, OR COURSE OF DEALING.

8. Indemnification. You agree to fully defend, indemnify and hold TarpStop, including its officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, suits, demands for damages, causes of action, and proceedings asserted by a third party (“Claims”) and pay all losses, liabilities, orders, judgements, settlements, costs and expenses (including attorneys’ fees and court costs) whatsoever incurred (“Losses”), arising out of or in connection with (a) any violation by you of these Terms; (b) your use or misuse of any product purchased from TarpStop, including without limitation combining, modifying or otherwise using the product in a manner that is not specifically approved in writing by TarpStop; and (c) any violation of applicable law by you.

9. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, ENHANCED, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR ANY OTHER SIMILAR TYPE OF DAMAGES, ARISING OUT OF OR IN RELATION TO THESE TERMS OR ANY PRODUCT OR SERVICE SOLD BY TARPSTOP, INCLUDING THROUGH THE SITE. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION 9 SHALL APPLY REGARDLESS OF WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE DAMAGES WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE LEGAL CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR SOME OTHER THEORY OF LIABILITY.

10. Goods Not for Resale or Export. You represent and warrant that you are buying the products or services from TarpStop for your own personal or industrial use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to and use in locations within the United States.

11. Privacy Policy. Our Privacy Policy is located at https://www.tarpstop.com/privacy-policy, which governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

12. Force Majeure. TarpStop shall not be liable or responsible to you, nor deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (each, a “Force Majeure Event”). If any Force Majeure Event occurs, TarpStop shall provide notice to you and if it continues for more than thirty (30) days, then you shall have the right to cancel the impacted order and receive a refund for the purchase price.

13. Governing Law and Jurisdiction. This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Ohio.

14. Jury Trial Waiver. YOU HEREBY ACKNOWLEDGE AND AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT THAT YOU MAY HAVE UNDER ANY APPLICABLE LAW TO MAINTAIN A LAWSUIT IN A COURT OR BEFORE A JUDGE AND JURY. TARPSTOP ALSO WAIVES THIS RIGHT.

15. Class Action Waiver. YOU AGREE THAT ANY DISPUTES SHALL BE ASSERTED IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. IN ADDITION, WE EACH AGREE THAT ANY DISPUTES SHALL BE LITIGATED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION AND THAT A COURT OR ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING INJUNCTIVE RELIEF) ONLY ON AN INDIVIDUAL BASIS.

16. Dispute Resolution and Binding Arbitration.

1. YOU AND TARPSTOP ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A DISPUTE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

   ANY DISPUTE (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR AT OUR PHYSICAL STORE LOCATIONS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

   2. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “Rules”) then in effect, except as modified by this Section 16. A copy of the Rules can be obtained online at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The location of the arbitration will be Wood County, Ohio, U.S.A. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

      The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

   3. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TARPSTOP WILL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s disputes and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

      If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

17. Assignment. You shall not assign any of your rights or delegate any of your obligations under these Terms without TarpStop’s prior written consent. Any purported assignment or delegation in violation of this Section shall be null, void, and of no legal effect. No assignment or delegation hereunder will relieve you of your obligations under these Terms.

18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of these Terms shall govern.

19. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

20. Notices. Any notice required or permitted to be provided to the other party pursuant to these Terms shall be in writing and provided to the other party as provided herein:

1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to 419-873-0548; or (ii) by personal delivery, overnight courier, or registered or certified mail to TarpStop, LLC, 1330 W. Laskey Road, Toledo, Ohio 43612. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

21. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

22. Entire Agreement. These Terms and any other document expressly incorporated herein shall constitute the entire agreement between the parties and shall supersede any and all prior and contemporaneous discussions, negotiations, representations, and writings, regardless of form, regarding the subject matter herein. The parties represent and warrant that they have not relied on any term or condition not expressly contained in these Terms.

EXHIBIT A

FASTRAK II – 2-2-5 LIMITED WARRANTY

The Fastrak II Rolling Tarp System includes a limited warranty from TarpStop from bulkhead-to-tail against manufacturer’s defects for the period of two (2) years from the date the Fastrak II system is picked up by you or your representative from TarpStop’s facility or dealer (the “Date of Receipt”). All warranties listed in this Exhibit A shall commence from the Date of Receipt. The wheels and bearings of the Fastrak II system are warranted for two (2) years. The cast aluminum corners of the Fastrak II system are warranted for five (5) years.

• The 2-year system warranty specifically covers manufacturing defects with any part of the unit for a period of two (2) years.

• The 2-year wheel and bearing warranty specifically covers the wheel and bearing assemblies from failure for the period of two (2) years.

• The 5-year corner warranty specifically covers the cast aluminum corner pieces from failure for the period of five (5) years.

• Parts and labor will be covered to repair the specific product defect only. Other costs associated with the repair are the sole responsibility of the customer.

• TarpStop makes every effort to ensure that any connection we make to your wiring system is secure and sealed to withstand the elements. We use gel-filled shrink-wrap over all connections and we grease all bullet connections prior to shrink-wrapping. We take every precaution to make your light wiring as hassle free as possible. However, in today’s world with the chemicals used on the roads as melting agents for ice and snow, we cannot combat the corrosion that naturally takes place when these chemicals come in contact with the connections. TarpStop’s warranty with respect to wiring is as follows: We warrant parts and labor for 30 days from the Date of Receipt. TarpStop will warrant only the parts that we add to the wiring system for the remainder of our Bulkhead-to-Tail warranty. Lights used or added to your trailer will be covered by the manufacturer’s warranty for the part only.

• Any warranty repairs will be performed at TarpStop’s company locations or an approved service center only with prior written consent from the management of TarpStop.

• All warranty claims are subject to inspection and approval of the management of TarpStop. NO WARRANTY CLAIM WILL BE PAID WITHOUT PRIOR APPROVAL FROM TARPSTOP.

• All warranty claims that are a result of Abuse, Customer Negligence, Acts of Nature or Damage from Accident (either directly or indirectly) will be denied.

• TarpStop reserves the right to determine the extent to which any defect may be warranted.

• EXCEPT AS EXPRESSLY SET FORTH IN THIS EXHIBIT A AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TARPSTOP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FASTRAK II SYSTEM AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.