Limited Warranty "Mobile To Go" Products

1. STATEMENT OF LIMITED WARRANTY

Love’s Travel Stops & Country Stores, Inc. (“Love’s”) hereby provides this limited warranty (“Warranty”) to you, the end user purchaser of a product sold under the “Mobile to Go” brand that you purchased from a Love’s retail location (the “Product”). Love’s hereby warrants to you that the Product shall materially conform to its accompanying written documentation (collectively, the “Documentation”) in normal use consistent with the Documentation for one (1) year from the date of original purchase thereof from a Love’s retail location (the “Warranty Period”). If such Product does not materially conform to this Warranty, you may return the Product to any Love’s retail location, and provide proof of original purchase from a Love’s retail location, together with original packaging for the Product. When you do that, Love’s shall replace such warranty return Product with a new Product that shall be functionally the same or better than the original Product. Warranty return Products shall be subject to the balance of the Warranty Period otherwise applicable, but in no event less than thirty (30) days. Where the Love’s retail location to which you returned your warranty Product does not have a replacement Product in stock, however, you may return your warranty Product to another Love’s retail location or you may return to any Love’s retail location when such Product is available in stock later during the Warranty Period, or instead and if you so request, any Love’s retail location will accept return of the warranty Product and in such case: (a) will provide you a credit against purchases of other goods and services available at a Love’s retail location in the amount of your original purchase; (b) will provide you a credit to the credit card account used to purchase the Product in the amount of your original purchase; or (c) where you originally paid cash for the Product, will provide you a cash refund in the amount of your original purchase.

The foregoing describes Love’s sole liability, and your sole remedy, under this Warranty.

2. WARRANTY EXCLUSIONS

The foregoing Warranty does not cover and shall be void for defects or damages resulting from accidents, weather, water damage, misuse or abuse, neglect, alterations, services or repairs carried out other than by Love’s (including without limitation by you), or improper installation, operation, use or maintenance of the Product.

3. WARRANTY DISCLAIMER AND LIMITATIONS

THE FOREGOING STATES LOVE’S SOLE AND EXCLUSIVE WARRANTY TO YOU AND ANY THIRD PARTY CONCERNING PRODUCTS OR ANY MATTER WHATSOEVER. LOVE’S MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY LOVE’S. Some jurisdictions do not allow the disclaimer of certain warranties, so the foregoing may not apply to you.

4. LIMITATION OF LIABILITY

IN NO EVENT SHALL LOVE’S BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING, AND REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LOVE’S, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, AND AFFILIATES FOR ANY CLAIM ASSOCIATED WITH OR ARISING FROM THIS WARRANTY OR ANY PRODUCT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT IS THE SUBJECT OF SUCH CLAIM. Some jurisdictions do not allow the limitation of certain damages, so the foregoing may not apply to you.

5. LAW AND JURISDICTION

This Warranty is subject to the laws of the State of Oklahoma as apply to contracts entered into and performed in Oklahoma between Oklahoma residents, and without regard to conflict of law principles. Any dispute regarding this Warranty or any Products shall be subject to the sole jurisdiction of the State and Federal courts located in Oklahoma City, Oklahoma, and you hereby consent to the personal jurisdiction of such courts. You may transfer this Warranty in its entirety, for the balance of the Warranty Period, to a third party solely where such third party has acquired and owns the corresponding Product and where such third party has agreed to all the terms of this Warranty and has proof of original purchase from a Love’s retail location. Any other attempt to transfer this Warranty in whole or in part by you shall be void. Love’s may assign this Warranty and Love’s rights and obligations hereunder, in whole or in part.

LOVE’S and the LOVE’S logo are registered trademarks of Love’s Travel Stops & Country Stores, Inc. and may not be used without permission.

Version Date: October 2020