TERMS OF USE AND SERVICE OF WEBSITE OF KNOX REFRIGERATION, INC. – EFFECTIVE AS OF AUGUST 31, 2025

Before entering, accessing, viewing, and browsing this Website, you, individually and as an authorized officer or agent of any business for which you are accessing this Site (collectively, “You” or “Your”), have had to first acknowledge and accept and agree to be bound by the terms and conditions of this Website of Knox Refrigeration, Inc. including these terms governing your use of this site and your generated or provided content as well as Knox’s policies including its Privacy Policy (collectively, the “Terms”). As used in these Terms, Knox collectively refers to the company as well as its directors, officers, shareholders, employees, and agents.

SECTION 11 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS NO LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

1. Introduction. If you DO NOT agree with these terms and conditions of use, DO NOT proceed to browse or otherwise use this site. You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Site. Please check these Terms periodically for changes. Your continued use of this Site following our posting of any changes to these Terms means that you accept those changes. Knox undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as may be required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on this Site has been modified or updated to or through that date. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. On occasion, information on this Site may contain errors, including without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and shipping or delivery times. Knox reserves the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate (including after you have submitted your order). Further, Knox reserves the right to update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse, or cancel any order you place with us in our sole discretion. Both Knox and you may disable your account at any time and for any reason. You may so disable your account with Knox by contacting us at info@knoxrefrigeration.com . Upon disabling of your account, Knox will retain your data in accordance with our Privacy Notice.

Age Requirements. Registration and participation on this Site is restricted to businesses and those individuals that are at least the age of eighteen (18) years of age. Further, all individuals must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. However, be advised that Knox does not filter advertisements or other content that persons under the age of eighteen years old may view through our sites or any linked sites. Knox is not responsible if they can receive content and materials from the Internet and/or advertising that is/are inappropriate for children. Therefore, Knox encourages and recommends that parents and guardians spend time online with their children and that they consider using an electronic filtering software for parental control of Internet usage by children.

2. Intellectual Property. When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights that you provide or transmit to us. The materials used and displayed on this Website, including but not limited to, text, data, software, photographs, graphics, images, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Knox or its affiliates or licensors and are protected by copyright, trademark and other laws. You agree not to modify, move, add, reproduce, rework, reuse, retransmit, distribute, disseminate, sell, publish, broadcast, tamper with, or circulate any such material in any form without the written consent of Knox or an appropriate affiliate. Neither this Site nor any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose with anyone other than Knox. This includes reproduction of any materials from this site to any physical data storage media. Knox does not tolerate any violations or infringement of its rights. No right, title or interest in any of the content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. If you believe that anything on this site might belong to another author or artist, please notify Knox. Notice of any claimed copyright infringements on this Website should be sent to E-mail: Attention Knox Copyright manager at info@knoxrefrigeration.com. or by Fax: (610) 645-8384;

To be effective, your infringement notification must include the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on this website;
4. your address, telephone number and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice of alleged copyright infringement is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Any software available through this Website or related links remains the property of the author or licensor.

3. No Endorsement or Liability for User-Generated or Third-Party Content. While third-party content and User Content may be allowed to be posted on this Site, these postings do not constitute Knox’s endorsement. Knox is not responsible or liable 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 third-party content or the User Content (any content that you submit, post, or display on or through this Website). Unless it is otherwise specifically stated in this Website, any information, communication or material that you transmit to this Site is, and will be treated as, non-confidential and non-proprietary with no compensation in any form due to you. You assume full responsibility for anything you transmit, and you grant Knox and its affiliates the right to edit, copy, publish, delete and/or distribute any information, material or content you transmit for any purpose. You agree that you will not transmit or provide to or through this Site any information that is illegal, threatening, libelous or otherwise defamatory, obscene, pornographic, or otherwise offensive to Knox or others.

4. Third-Party Links. This Site contains links that are provided as a convenience to you and that will allow you to access other websites (“Third-Party Sites”) not under Knox’s control and you access them at your own risk. Knox and any affiliate of Knox do not review or monitor any Third-Party Sites linked to this Site and are not responsible for the content of any such linked websites. Knox is not responsible for any claim, harm, of damages, direct or indirect, arising from or out of any hyperlink, including computer viruses. Knox is therefore not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third- Party Sites (“Third-Party Products”). All complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the applicable third party. Also, access to any Third-Party Sites does not constitute an endorsement by us or any of our subsidiaries or affiliates, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Site’s independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media sites and are not responsible for any third-party use of your personal information that you have posted, transmitted or otherwise made available there.

5. Registration, Accounts, and Passwords. You must treat your username, password, and any other piece of information required as part of our security procedures as confidential, and you must not disclose the foregoing to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security, including, but not limited to, if you lose your username or password. You agree to be responsible for any use of this Site or portions of it using your username, password or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username or password whether chosen by you or provided by us, at any time if you have violated any provision of these Terms.

6. Limitations of Liability.

(A) Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KNOX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE WEBSITE FOR ANY REASON, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) Cap on Liability: EXCEPT FOR EXCLUDED CLAIMS, THE AGGREGATE LIABILITY OF KNOX TO THE USER UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY THE USER TO THE WEBSITE PROVIDER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

(C) Exceptions: THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY ARISING FROM: (A) WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD; (B) A BREACH OF THE CONFIDENTIALITY OR DATA PROTECTION OBLIGATIONS SET FORTH IN THIS AGREEMENT; OR (C) INDEMNIFICATION OBLIGATIONS. NOTICE OF ANY CLAIM MUST BE PROVIDED WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED. BECAUSE SOME JURISDICTIONS, such as the law of the State of New Jersey, MAY OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KNOX’S DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Cancellations and Returns. Please visit our online Terms and Conditions of Sale/Lease for information concerning cancellation of an order and any acceptable returns.

8. Disclaimer. THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” KNOX MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE, AND KNOX MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR DEVICE OR FREE FROM ERROR OR VIRUSES. NO EMPLOYEE, AGENT OR REPRESENTATIVE OF KNOX IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, KNOX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS, SUCH AS THE STATE LAW OF NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AND . KNOX RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND KNOX WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

9. Online Credit Card Order Security Policy. Knox does not store, process or transmit credit card data. Knox utilizes the secure services of a third party “payment gateway” to transmit and process your credit card data. Upon completion of the order form, payment information shall be requested by the payment gateway. The payment gateway web page shall clearly indicate the amount of your purchase and that you are securely transmitting your payment information. Knox requires online payment transactions be completed pursuant to the payment gateway method to allow for “Payment Card Industry” (PCI) compliance.

For information on Payment Card Industry (PCI) compliance, please see: https://www.pcisecuritystandards.org

You agree to waive and to indemnify and hold harmless Knox, its directors, officers, shareholders, employees, agents, licensors, vendors, advertisers, and clients from any and all claims, including reasonable attorney’s fees, arising out of or relating to the process of transmitting and subsequent handling of information provided by you to Knox or to the third party payment gateway.

10. Notices and Electronic Signatures.

(a) When you visit this Site or send communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. 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. You acknowledge and agree that by affixing your electronic signature you are submitting a legally binding electronic signature and the person or business registering, creating, or using an account with Knox is entering into a legally binding contract. You acknowledge that your electronic submission constitutes an agreement and intent to be bound by the terms and conditions of these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, 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 THROUGH THIS SITE OR SERVICES OFFERED BY KNOX. Further, 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 other than electronic means.

(b) For information on how information is collected, used, or disclosed by Knox in connection with your use of this Site, please consult our Privacy Notice, which is incorporated into these Terms by reference.

( c ) California consumers (i.e., a natural person who is using this Site to purchase goods or services for his/her/their personal use) can learn more about their additional rights at California Disclosures. In particular, under California Civil Code Section 1789.3, users of this site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445- 1254 or (800) 952-5210. Knox may be contacted via email at info@knoxrefrigeration.com

11. Disputes Resolution (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver). Please take the time to read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses one or more neutral arbitrators instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration, or litigation to the fullest extent permitted by applicable law.

(a) Arbitration Agreement for Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the Site, or your relationship with Knox or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it is not removed or appealed to a court of general jurisdiction. A Dispute includes but is not to be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms; (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and ( c ) any dispute or claim that may arise after termination of these Terms. A Dispute does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are reserved for a court in these Terms; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section (Section 11); and (iii) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).

(b) Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Commercial Arbitration Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available for review online at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a representative of Knox will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held at a location in Montgomery County, Pennsylvania absent another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non- individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator(s) shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator(s) shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

( c ) Costs of Arbitration. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

(d) Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change: Attention: Knox Refrigeration, Inc Email: kinfo@knoxrefrigeration.com . Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute in accordance with this version of the arbitration agreement.

(e) Class Action Waiver; Jury Trial Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. To the fullest extent permitted by applicable law, you and we waive the right to a jury trial.

12. Governing Law and Venue. (a) This Site is controlled and operated by Knox from our offices in Pennsylvania. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to this Site should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than Pennsylvania. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions, such as the State of New Jersey, may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms remain in full force and effect.

(b) These Terms and use of the Site are governed by the laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania’s conflict of laws rules (except insofar the Federal Arbitration Act and federal arbitration law applies as set forth below). If the arbitration agreement set forth in Section 11 is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you and we irrevocably consent to the exclusive jurisdiction of the federal and state courts encompassed by Montgomery County, Pennsylvania, for purposes of any legal action arising out of or related to the use of the Site or these Terms, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

13. Miscellaneous. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor any trade practice between or affecting the parties shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Except as otherwise provided in these Terms, if any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Notice, which is expressly incorporated by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements previously existing between the parties with respect to such subject matter.

14. Questions. If you have any questions or comments regarding these Terms, our Privacy Notice, or this Site, please feel free to contact us by e-mail info@knoxrefrigeration.com