TERMS OF USE

These Terms of Use (“Terms”)govern your access to and use of www.mheby.com and any related sites,applications, or services that link to these Terms (collectively, the “Site”),which are owned and operated by M.H. Eby, Inc. (“Eby,” “we,” “us,” or “our”).

BYACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDINGTHE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 9, WHICHAFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS ORUSE THE SITE.

1. Acceptance of Terms

By accessing or using the Site,you represent that you are at least 18 years old and have the legal capacity toenter into these Terms. These Terms incorporate by reference our PrivacyPolicy, available at https://www.mheby.com/privacy-policy.

2. Changes to These Terms

We may revise these Terms at anytime by posting an updated version on this page with a new effective date.Material changes to the arbitration provision in Section 9 will not applyretroactively to disputes arising before the change unless you agree otherwise.Your continued use of the Site after changes are posted constitutes acceptanceof the revised Terms.

3. Use of the Site

Subject to your compliance withthese Terms, Eby grants you a limited, non-exclusive, non-transferable,revocable license to access and use the Site for your personal or internalbusiness purposes related to evaluating or purchasing Eby products. You agreenot to: (a) use the Site for any unlawful purpose; (b) attempt to gainunauthorized access to the Site or its related systems; (c) interfere with ordisrupt the Site’s operation; (d) use any automated means (bots, scrapers) toaccess the Site without our prior written consent; or (e) reproduce,distribute, or create derivative works from Site content without our priorwritten consent.

4. Intellectual Property

All content on the Site —including text, graphics, logos, product designs, images, and software — isowned by Eby or its licensors and is protected by U.S. and internationalintellectual property laws. “Eby,” the Eby logo, and related marks are trademarksof M.H. Eby, Inc. No license to use any Eby trademark is granted by theseTerms.

5. Third-Party Links and Services

The Site may link to third-partywebsites, dealer sites, or services that are not owned or controlled by Eby. Weare not responsible for the content, accuracy, or practices of any third-partysite, and inclusion of a link does not imply endorsement. If you decide toaccess any of the third-party websites linked to this Site, you do so entirelyat your own risk and subject to the terms and conditions of use for suchwebsites.

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT AREPROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHEREXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EBY DOES NOT WARRANTTHAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NOTHING ON THE SITECONSTITUTES A WARRANTY REGARDING ANY EBY PRODUCT; PRODUCT WARRANTIES, IF ANY,ARE GOVERNED EXCLUSIVELY BY EBY’S SEPARATE WRITTEN PRODUCT WARRANTYDOCUMENTATION.

7. Limitation of Liability; Indemnification

TO THE FULLEST EXTENTPERMITTED BY LAW, EBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILLNOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVEDAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATEDTO YOUR USE OF THE SITE, EVEN IF EBY HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. EBY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TOTHE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

You agree to indemnify, defend,and hold harmless Eby and its officers, directors, employees, and agents fromany claims, liabilities, damages, and expenses (including reasonable attorneys’fees) arising out of your violation of these Terms or your misuse of the Site.

8. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTIONCAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUITIN COURT AND TO HAVE A JURY TRIAL.

8.1 Agreement to Arbitrate

You and Eby agree that anydispute, claim, or controversy arising out of or relating to these Terms, the PrivacyPolicy, your use of the Site, or any Eby product or service purchased orreferenced through the Site (a “Dispute”) will be resolved exclusively throughfinal and binding individual arbitration, rather than in court, except thateither party may bring an individual action in small claims court if itqualifies, or may seek injunctive relief in court for actual or threatenedinfringement, misappropriation, or violation of intellectual property rights.

In addition, you and the Companyagree that each party will notify the other party in writing of any arbitrableDispute within thirty (30) days of the date the Dispute arises, so that theparties can attempt in good faith to resolve the Dispute informally. Notice tothe Company shall be sent by certified mail or courier to M.H. Eby, Inc. Attn:Legal Department 145 Center Street, Blue Ball, PA.

Your notice must include: (i)your name, street address, telephone number, the email address you use or haveon record with us (as applicable), and, if any, an email address at which youcan be contacted; (ii) a brief description of the Dispute; (iii) the amount ofmoney, if any, at issue in the Dispute; and (iv) the specific relief you areseeking. M.H. Eby will send notice to your last known street and emailaddresses on file, if any. Any Company notice will include: (i) our name,street address, telephone number and an email address at which we can becontacted with respect to the Dispute; (ii) a description in reasonable detailof the nature and basis of the Dispute; and (iii) the specific relief that weare seeking.

If you and the Company cannotagree how to resolve the Dispute within thirty (30) days after the notice isreceived by the other party, then either you or the Company may, as appropriateand in accordance with this Section, commence an arbitration proceeding with awritten demand for arbitration.

8.2 Limitation on Time to Bring Action

You agree that, regardless ofany statute or law to the contrary, any claim or cause of action for or relatedto a Dispute brought by you must be filed within one (1) year after such claimor cause of action arose, or such claim or cause of action will forever bebarred. Note that this may be a shorter time period than allowed underotherwise applicable law.

8.3 Arbitration Procedure

The arbitration will beadministered by the American Arbitration Association (“AAA”) under its ConsumerArbitration Rules (or Commercial Arbitration Rules, if the Dispute is betweenEby and a business entity), in effect at the time the arbitration is commenced.The arbitration will be conducted by a single arbitrator and will take place inLancaster County, Pennsylvania, or, at your election, may be conducted bytelephone, videoconference, or based on written submissions. The arbitrator,and not any federal, state, or local court, will have exclusive authority toresolve any dispute about the interpretation, applicability, enforceability, orformation of these Terms, including any claim that all or any part of theseTerms is void or voidable — except that the Class Action Waiver in Section 9.4will be enforced and interpreted by a court, not an arbitrator.

The arbitrator will be either aretired judge or an attorney licensed to practice law in Pennsylvania and willbe selected by the parties from the AAA roster of arbitrators. If you and theCompany are unable to agree to an arbitrator within fourteen (14) days of AAA’snotice to the parties of its receipt of the arbitration demand, then AAA willappoint the arbitrator in accordance with the AAA Rules.

These Terms of Use affectinterstate commerce, and the interpretation and enforceability of this Sectionshall be substantively, procedurally, and exclusively governed by and construedand enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, etseq., to the maximum extent permitted by applicable law, except as otherwisemodified by these Terms of Use.

Any judgment on the awardrendered by the arbitrator may be entered in any court of competentjurisdiction.

All arbitration proceedings willbe closed to the public and confidential and all records relating thereto willbe permanently sealed, except as necessary to obtain court confirmation of thearbitration award.

You have the right at your ownexpense to be represented by an attorney of your own choosing. M.H. Eby,likewise, has the right, at its own expense, to be represented by an attorneyof its own choosing.

Payment of all filing,administration, and arbitrator fees will be governed by the AAA Rules. If,however, you are able to demonstrate that the costs of arbitration will beprohibitive for you as compared to the costs of litigation, the Company willpay as much of the filing, administration and arbitrator fees as the arbitratordeems necessary to prevent the arbitration from being cost-prohibitive for you.If the arbitrator determines that the claim(s) you assert in the arbitrationare frivolous, you agree to reimburse the Company for all costs and feesassociated with the arbitration that the Company paid on your behalf which youotherwise would be obligated to pay under the AAA Rules.

8.4 Opt-Out Right

You may opt out of thisarbitration provision by sending written notice to Eby at the address inSection 14, postmarked within thirty (30) days of the date you first accessedor used the Site after this provision’s effective date, stating your name and aclear statement that you wish to opt out of arbitration. If you opt out,neither you nor Eby will be required to arbitrate, but all other provisions ofthese Terms, including the Class Action Waiver and the venue provision inSection 10, will continue to apply.

8.5 Class Action and Jury Trial Waiver

YOU AND EBY AGREE THAT EACHMAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, ORREPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EBY AGREE OTHERWISE INWRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS ANDMAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASSPROCEEDING. YOU AND EBY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

If a court or arbitratordetermines that this Class Action Waiver is unenforceable as to a particularclaim or request for relief, that claim or request for relief (and only thatclaim or request) will be severed and may proceed in court, while the remainderof this arbitration provision will be enforced.

8.6 Severability of This Section

If any portion of this Section 9is found to be unenforceable or unlawful, that portion will be severed, and theremainder of this Section 9 will remain in force; provided that if the ClassAction Waiver in Section 9.4 is found unenforceable in a manner that wouldpermit class arbitration, then Section 9 (other than this sentence) will beunenforceable in its entirety as to that proceeding.

9. Governing Law; Exclusive Venue

These Terms and any Dispute notsubject to arbitration (or any individual action permitted under Section 9.1)will be governed by the laws of the Commonwealth of Pennsylvania, withoutregard to its conflict-of-laws principles. You and Eby agree that the exclusivejurisdiction and venue for any Dispute not subject to arbitration will be thestate courts located in Lancaster County, Pennsylvania, or the U.S. DistrictCourt for the Eastern District of Pennsylvania, and you consent to personaljurisdiction in those courts and waive any objection to venue or jurisdictionthere, including on the basis of forum non conveniens.

10. Severability

If any provision of these Terms(other than Section 9, which is governed by Section 9.6) is foundunenforceable, that provision will be modified to the minimum extent necessaryto make it enforceable, or severed if it cannot be so modified, and theremaining provisions will remain in full force and effect.

11. No Waiver; Assignment

Eby’s failure to enforce anyprovision of these Terms is not a waiver of that provision. Eby may assignthese Terms without restriction. You may not assign these Terms without Eby’sprior written consent.

12. Entire Agreement

These Terms, together with thePrivacy Policy and any other legal notices published by Eby on the Site,constitute the entire agreement between you and Eby regarding the Site andsupersede any prior agreements regarding the Site.

13. Contact Information

Questions or concerns should besent to:

M.H. Eby, Inc. Attn: LegalDepartment 145 Center Street, Blue Ball, PA 17506 Phone: 1-800-292-4752

14. Effective Date

These Terms are effective as of 10/6/2026

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