TERMS OF USE
Revision Date: September 1, 2022
Tohatsu America Corp. (“Tohatsu,” “we,” or “us”) is committed to making your use of our services as comfortable aspossible. The following terms and conditions, together with any documents they expressly incorporate by reference(collectively, “Terms of Use”) govern your access to and use of our websites that display or link to these Terms ofUse (including tohatsu.com) (collectively, this “Website”), including any content, functionality, and services offeredon or through this Website, whether as a guest or a registered user.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THISWEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE.
IF THE TERMS OF USE OR THE PRIVACY POLICY IS NOT ACCEPTABLE TO YOU FOR ANY REASON,
YOU SHOULD EXIT THIS WEBSITE IMMEDIATELY. IF YOU DO NOT AGREE TO THESE TERMS OF USE,
YOU ARE NOT AUTHORIZED TO ACCESS IT.
Tohatsu reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued
use of the Website after the effective date of any changes is deemed acceptance of the revised Terms of Use. For thisreason, we encourage you to review these Terms of Use each time you visit the Website.

1. AGE OF USERS ....................................................................................................................... 2
2. USE OF WEBSITE MATERIALS ......................................................................................... 2
3. COPYRIGHTS AND TRADEMARKS .................................................................................. 2
4. LINKS TO THIRD-PARTY WEBSITES .............................................................................. 3
5. USER-GENERATED CONTENT .......................................................................................... 3
6. PROHIBITED USES ................................................................................................................ 4
7. RELIANCE ON INFORMATION POSTED......................................................................... 4
8. AVAILABILITY ....................................................................................................................... 5
9. DISCLAIMER OF WARRANTY ........................................................................................... 5
10. LIMITATION OF LIABILITY............................................................................................. 5
11. INDEMNIFICATION ............................................................................................................ 6

12. WEBSITE SECURITY .......................................................................................................... 6
13. NOTICE AND ELECTRONIC COMMUNICATIONS ..................................................... 6
14. PRIVACY STATEMENT ...................................................................................................... 7
15. REVISIONS TO WEBSITE AND TERMS ......................................................................... 7
16. JURISDICTION & GOVERNING LAW ............................................................................ 7
17. INTERNATIONAL LAW ...................................................................................................... 7
18. GENERAL ............................................................................................................................... 7

1. AGE OF USERS
By accepting these Terms of Use, you certify that you are 18 years of age or older. If you are under the age of 18 but
are at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who
agrees to be bound by these Terms of Use.

2. USE OF WEBSITE MATERIALS
Tohatsu grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, use, and print
individual pages of the Website for your personal, non-commercial use. Unless otherwise noted, the design of and allmaterials on this Website, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips
and other materials, and the copyrights, trademarks, service marks, trade dress, and other intellectual property(“Content”) are owned, controlled, or licensed by Tohatsu or other providers of such material. The Website is intended
for personal and non-commercial use only. The Content provided on this Website is to be used for informational
purposes only. No right, title, or interest in downloaded Content is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works of, sell, or exploit Content in any way. We reserve the right to pursue all legal remedies
for any commercial exploitation of Content.
This Website provides information about products and services to consumers only. This license does not include andstrictly prohibits: any resale or export of the Website or its Content, including any products; any collection and use ofany product listings, descriptions, or prices other than as expressly authorized herein; or any derivative use of theWebsite or its Content; or any use of data mining, robots, or similar data gathering or extraction tools. All rights not
expressly granted to you in these Terms of Use are reserved and retained by Tohatsu and its licensors, suppliers, andContent providers. Tohatsu reserves the right to terminate this license and your access to this Website in the event you
fail to comply with any of these Terms of Use or our Privacy Policy.

3. COPYRIGHTS AND TRADEMARKS
Tohatsu, this Website, and other Content on this Website are subject to trademark, service mark, trade dress, copyright,
or other proprietary or intellectual property rights or licenses held by Tohatsu or its affiliates. Tohatsu will aggressively
enforce its intellectual property and other legal rights to the fullest extent of the law, including by seeking civil2remedies and criminal prosecution. Other trademarks, product names, and company names or logos used on thisWebsite are the property of their respective owners. The misuse of any Content, including any intellectual property
displayed on this Website or other Content from this Website, is strictly prohibited. Tohatsu has a no-tolerance policy
regarding third-party use of our trademarks or names in metatags, hidden text, ad keywords, or otherwise without theprior written consent of Tohatsu. More specifically, the unauthorized use of our trademarks or names in metatags,
keywords, page text, hidden text, or ad keywords in conjunction with search engines constitutes trademark
infringement and unfair competition. Linking to this Website is prohibited absent express written permission fromTohatsu. Framing, online linking, or other association of this Website or its materials and Content, including, but notlimited to, with links, advertisements, or other information not originating from this Website is expressly prohibited.

4. LINKS TO THIRD-PARTY WEBSITESThis Website may contain links to other websites that are not owned or controlled by Tohatsu. Tohatsu has no
responsibility for the content of the linked websites nor does it necessarily endorse the linked sites or the products
offered therein. Tohatsu provides the links solely for your convenience. You should carefully review the terms of use
and privacy policies on any third-party site. Access to any third-party sites is at your own risk and Tohatsu will haveno liability arising out of or related to such websites or for any damages or loss caused or alleged to be caused by orin connection with any purchase, use of, or reliance on, any such content, goods or services available on or throughany such third-party sites.

5. USER-GENERATED CONTENT
If you submit or otherwise make available, comments, reviews, suggestions, ideas, and other content to Tohatsu orotherwise disclose, submit, or offer such information (collectively, “User Contribution”), you represent and warrant
that you own or otherwise control all of the rights to the User Contribution and that it complies with the content
standards set forth in Section 6 below. With respect to any User Contribution submitted or made available for inclusionon this Website, you grant Tohatsu a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive
right and license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense such
User Contribution, all without any payment to you or further authorization from you. You grant Tohatsu the right touse the name, age range, and state of residence that you submit in connection with such User Contribution, if Tohatsu
chooses to do so. Tohatsu shall not be limited in any way in its use, commercial or otherwise, of any User Contribution.
Tohatsu is under no obligation to maintain any User Contribution in confidence, pay you any compensation for any
User Contribution, or respond to any User Contribution.
The posting of any User Contribution does not constitute Tohatsu’s endorsement of such User Contribution. Tohatsu
cannot ensure prompt removal of objectionable material after it is posted. Accordingly, Tohatsu assumes noresponsibly or liability for any action or inaction regarding any User Contribution and has no liability for any claim,
including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or
privacy rights, actual, consequential, or punitive damages, personal injury or wrongful death in connection with any
User Contribution. Tohatsu reserves the right, but shall not be obligated, to edit or remove any User Contribution.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or
through this Website in a way that infringes your intellectual property rights, please inform our designated Copyright3

Agent by sending written notice by U.S. Mail to Tohatsu America Corp., Attn: Legal Department, 670 S. Freeport
Parkway Suite 120 Coppell, TX 75019, or by email to info@tohatsu.com. Pursuant to the Digital Millennium
Copyright Act, to be effective, you must include the following information in your written notice:
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A detailed description of the copyrighted work you believe is being infringed;
A description (such as the subdomain link) of the location on this Website where the allegedly infringing
content appears;
Your contact information, including name, address, telephone number, and, if available, email address;
A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as
the copyright owner, by your agent, or by law;
A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you
are, or are authorized to act on behalf of, the copyright owner; andAn original or electronic signature of the copyright owner or someone authorized on the owner’s behalf toassert infringement of copyright and to submit the statement.

Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement inconnection with this Website. Contacts for other matters are provided elsewhere through this Website.

6. PROHIBITED USES
You shall not knowingly post, transmit, redistribute, upload, or promote any User Contribution, communication,
content, or other materials to or from this Website that: (a) contain corrupted files, viruses, or any other similarsoftware files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights,
infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane,
indecent, racially or ethnically derogatory, or otherwise violate any right of any third party; (c) are likely to upset,embarrass, alarm, inconvenience, or annoy any other person; (d) contain chain letters or pyramid schemes; (e) containany unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms ofsolicitation to other users, individuals, or entities; (f) impersonate any person, business or entity, including ourcompany or our employees or agents or are likely to deceive any person; (g) encourage conduct that would constitutea criminal offense; (h) involve commercial activities, sales, contests, sweepstakes or other sales promotions, bartering,or advertising; (i) give the impression that they emanate from or are endorsed by us or any other person or entity if
this is not the case; (j) give rise to civil liability; (k) violate any law; or (l) amount to any conduct that, in the judgmentof Tohatsu, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying thisWebsite, or may harm Tohatsu or users of this Website or expose them to liability. In addition to any remedies that
Tohatsu may have at law or in equity, if Tohatsu determines, in its sole discretion, that you have violated or are likely
to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation,
including without limitation, the immediate removal of the related materials from this Website. Tohatsu will fully
cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose theidentity of anyone submitting such materials.

7. RELIANCE ON INFORMATION POSTED
The information presented on or through this Website is made available solely for general information purposes andconvenience. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you placeon such information is strictly at your own risk. Tohatsu disclaims all liability and responsibility arising from any

4reliance placed on such materials by you or anyone informed of its contents. On occasion, this Website may contain
incomplete information, typographical errors, or inaccuracies as to description, pricing, or availability. We reserve theright to correct errors at any time without prior notice. Prices are quoted in U.S. Dollars and are valid only in the
United States. We reserve the right to change pricing at any time.

8. AVAILABILITY
The content, specifications, products, and prices of products and services described or depicted on this Website aresubject to change at any time without notice. Unless indicated otherwise, most products featured on this Website will
be available on a first-come, first-serve basis. When a product or service displayed on our Website is no longer
available, we will take reasonable steps to remove that item from our Website or indicate that it is no longer available.

9. DISCLAIMER OF WARRANTYYOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICESPROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
TOHATSU DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION,
MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE,AND TOHATSU MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCHINFORMATION, MATERIALS, OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, TOHATSU HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS ANDSERVICES LISTED ON OR THROUGH THIS WEBSITE.

10. LIMITATION OF LIABILITYIN NO EVENT WILL TOHATSU BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE ORANY OTHER LINKED WEBSITES, AND ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION,PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR REVENUES,COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF SAVINGS, LOSS OF GOODWILL,LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATIONPRESENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF TOHATSU IS EXPRESSLY ADVISED ABOUT THE
POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT THEREIN, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE ORDERED FROM TOHATSU, YOU AGREE THATYOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF

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SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR
TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH ANYAPPLICABLE RETURNS AND REFUNDS POLICIES.
TOHATSU CANNOT AND DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED,OR SECURE ACCESS TO THIS WEBSITE.

11. INDEMNIFICATION
By using this Website, you agree to defend, indemnify and hold Tohatsu, its subsidiaries, affiliates, successors andassigns, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents,
licensors, and suppliers harmless, to the maximum extent permitted by applicable law, from and against any and all
claims, liabilities, judgments, awards, losses, damages and costs and expenses, including reasonable attorneys’ fees,
related to or arising from your use of this Website or the material provided therein or any breach by you of these Termsof Use.

12. WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of this Website by, including, without limitation,(a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or withaccess to this Website, including, without limitation, via means of submitting a virus to this Website, overloading,flooding, spamming, mail-bombing, crashing, or usurping this Website’s resources or bandwidth; (d) sending
unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet
header or any part of the header information in any email or newsgroup posting; (f) using any robot, spider or otherautomatic device, process or means to access this Website for any purpose, including monitoring or copying any ofthe material on this Website; or (g) otherwise attempting to interfere with the proper working of this Website or
engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as
determined by Tohatsu, may harm Tohatsu or users of this Website or expose them to liability. Violations of Tohatsu’ssystem or network security may result in civil and criminal liability. Tohatsu will investigate occurrences that may
involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users whoare involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interferewith the proper working of this Website or any activity being conducted on this Website.

13. NOTICE AND ELECTRONIC COMMUNICATIONSWhen you visit this Website or send emails, text messages, or other communications from your desktop or mobile
device to us, you are communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with you in a variety of ways, such as by email, text, or by posting notices andmessages on this Website. You agree that all agreements, notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in writing.

614. PRIVACY STATEMENT
Tohatsu is committed to protecting the privacy of the visitors to this Website. For information on how information iscollected, used or disclosed by Tohatsu in connection with your use of this Website, please consult our Privacy Policy.
By using this Website, you consent to all actions taken by us with respect to your information in compliance with thePrivacy Policy.

15. REVISIONS TO WEBSITE AND TERMS
Tohatsu may terminate, change, suspend, or discontinue any aspect of this Website, including the availability of any
features of this Website, at any time and without notice. Tohatsu also reserves the right, at its sole discretion, to change,
modify, add, or remove any portion of these Terms of Use in whole or in part, at any time and without notice. Tohatsu
may terminate any authorization and rights given above at any time and without notice. Your continued use of thisWebsite after any changes to these Terms of Use are posted will be considered acceptance of those changes. In theevent that you do not agree to any changes or modifications of these Terms of Use, you should not continue to use
this Website.

16. JURISDICTION & GOVERNING LAWThis Website is controlled and operated by Tohatsu from its offices in Coppell, Texas. All matters relating to thisWebsite and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed byand construed in accordance with applicable federal law and the laws of the state of Texas without regard to any choice
or conflict of law provisions or rules. By accessing or using this Website, you and we irrevocably consent to the
exclusive jurisdiction and venue of the state or federal courts in the State of Texas and County of Dallas, for all
disputes arising out of or relating to this Website, these Terms of Use, and any dispute of any sort that might arise
between you and Tohatsu that are heard in court. You waive any and all objections to the exercise of jurisdiction overyou by such court and to venue in such court.

17. INTERNATIONAL LAW
This Website and its content are intended to comply with U.S. laws and regulations. If you are a non-U.S. based user,
be advised that other countries may have laws, regulatory requirements, and product safety requirements that are
different than those in the U.S. Tohatsu makes no representation that materials on this Website are appropriate oravailable for use outside of the United States.

18. GENERAL
These Terms of Use, the Privacy Policy, and any other relevant documents or policies incorporated herein or set forthon this Website constitute the sole and entire agreement between you and Tohatsu with respect to this Website andsupersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written

7and oral, with respect to this Website. In the event of a violation of these Terms of Use, Tohatsu reserves the right toseek all remedies available by law and in equity. No waiver by Tohatsu of any term or condition set forth in theseTerms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other termor condition, and any failure of Tohatsu to assert a right or provision under these Terms of Use shall not constitute a
waiver of such right or provision. You may not assign these Terms of Use or your obligations to any other individual
or entity, and any attempt by you to do so is void. Headings are for reference purposes only and in no way define,
limit, construe, or describe the scope or extent of such section. If any provision of these Terms of Use is held by acourt or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision
shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use willcontinue in full force and effect. The provisions regarding the parties’ rights and obligations with respect toindemnification, intellectual property, dispute resolution, and confidentiality, as well as any other provisions necessary
to interpret the respective rights and obligations of the parties under these Terms of Use, shall survive the expirationor termination of these Terms of Use.

If you have any questions or comments, we invite you to contact our Customer Service Department. The Customer
Service Department can be reached by email at info@tohatsu.com or by phone at (469) 771-3740. See Section 5
above regarding the procedure for notices of alleged copyright infringement.

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