A. DEFINITIONS; ACCEPTANCE OF TERMS AND CONDITIONS; ENTIRE AGREEMENT

As used in this document “Customer” shall refer to you, the person completing this document and entering into this agreement; “My Auto Care” shall refer to My Auto Care LLC, its employees, staff, contractors, owners, officers, successor entities, licensees, assignees, subsidiaries, and affiliates; “Participating Locations” shall refer to the Precision Tune Auto Care franchises listed in § P, their employees, staff, contractors, owners, officers, successor entities, assignees, subsidiaries, and affiliates; “The Program” shall refer to the V.I.P. Membership Program; “Agreement,” “Terms,” and “Conditions'' shall refer to this document and the terms and conditions set forth herein.

This Agreement is entered into this day by Customer and My Auto Care for scheduled vehicle maintenance to be provided by My Auto Care and Participating Locations to Customer in exchange for Customer’s payment of a monthly fee. Customer acknowledges that all terms and conditions of this Agreement are contained within this type-written electronic document. This Agreement shall not include any promises, statements, verbal communications, or other term or condition not contained in this Agreement. Customer acknowledges the Agreement and this Program do not create a service plan, prepaid service plan, vehicle service contract, insurance plan, or warranty plan for Customer or Customer’s vehicle. My Auto Care reserves the right to modify or change the terms and conditions of this Agreement and the Program at its sole discretion. Customer shall be notified of any change or modification by notification of customer no less than five (5) days prior to the effective date for any modification or change to the terms and conditions of this Agreement through the notification terms and conditions contained in § C.

B. CONSENT TO ARBITRATION; CHOICE OF LAW

THIS CONTRACT IS SUBJECT TO ARBITRATION. Any dispute which arises as to any term, condition, scheduled vehicle maintenance, service, or claim of any kind which relates to services due or allegedly due to Customer, Customer’s legal representatives, heirs, assignees, and devisees pursuant to this Agreement shall be subject to Arbitration pursuant to South Carolina Code § Ann. 15-48-10, et. seq.. Any dispute shall be determined in accordance with the laws of the State of South Carolina.

C. CONSENT TO CONTACT; CONSENT FOR USE OF ELECTRONIC COMMUNICATION AND USE OF WEB-BASED SERVICES

Customer agrees and acknowledges this Agreement between Customer and My Auto Care is being formed through use of electronic communication, this website, and/or a phone-based or web-based application, or a printed document. Customer agrees and acknowledges that Customer is responsible for reading all terms and conditions contained in any electronic communication, website, and/or a phone-based or web-based application or printed document. As used in this Agreement “Communication” and “Notification” shall include email, electronic notification via application, written correspondence, notification by posting on a website, text messages, phone calls, and/or voicemails. Customer agrees to receive communications and notifications from My Auto Care, its affiliates, subsidiaries, and parent companies.

D. CONSENT FOR FULFILLMENT OF SERVICES

Customer hereby agrees and authorizes My Auto Care to assign My Auto Care’s responsibilities and obligations under this Agreement to Participating Locations. Customer agrees and understands Participating Locations will perform scheduled maintenance services pursuant to this Agreement and fulfill all obligations of this Agreement.

E. CONSENT TO AUTOMATIC MONTHLY BILLING; AGREEMENT LENGTH

Customer agrees to allow My Auto Care to charge Customer’s method of payment once monthly for Customer’s monthly fee payment. The date on which Customer’s payment method will be charged will be the same or closest calendar date on which Customer initially enrolled in the Program. If the calendar date on which Customer’s monthly payment is due falls on a non-business day or holiday, Customer acknowledges and agrees that My Auto Care shall charge Customer’s method of payment on the next calendar date falling on a business day. Customer expressly grants My Auto Care permission to charge Customer’s method of payment for the agreed upon monthly fee of $29.99. Customer’s billing statement shall reflect a charge from My Auto Care LLC or a similarly named entity. This Agreement shall continue in perpetuity until terminated by My Auto Care or canceled by Customer.

F. DEFAULT; TERMINATION; CANCELLATION OF THIS AGREEMENT

Customer shall be in default of the terms and conditions of this Agreement if Customer’s monthly payment is not made on the date required in § E of this Agreement; or, if Customer’s method of payment is declined or refused by Customer’s payment provider, bank, or credit-card company for the monthly payment; or for any other failure of Customer to remit payment as required in this agreement.

In the event Customer defaults, Customer automatically and immediately forfeits all rights and benefits granted to Customer in this Agreement and Customer shall be removed from the Program and this Agreement shall end.

Customer may terminate this agreement by informing My Auto Care in writing of Customer’s desire to terminate this agreement. Customer’s rights and benefits under this Agreement shall be immediately forfeited at time of termination. My Auto Care shall provide no services to a Customer who terminates this agreement. Customer shall receive no refund for any amounts paid prior to termination. Customer shall only be responsible for the monthly payment made prior to termination. No refunds shall be given to Customer for services, benefits, rights, or privileges forfeited because of Customer’s termination.

In the event Customer sells or transfers ownership of a vehicle enrolled in the Program, Customer must inform My Auto Care and request termination of this Agreement and/or enrollment of the replacement vehicle into the Program. Any vehicle not enrolled in the Program shall not be entitled to any services, benefits, or rights of the Program. My Auto Care reserves the right to cancel this Agreement at the sole discretion of My Auto Care. In the event this Agreement is canceled by My Auto Care, Customer shall be entitled only to a prorated portion of the monthly payment for the month in which the cancellation occurs equal to the days remaining in the month of cancellation to be calculated by dividing the number of calendar days in the month of cancellation by the monthly fee for said month. My Auto Care shall notify Customer of cancellation pursuant to § C.

G. ELIGIBILITY AND APPROVAL OF VEHICLE FOR PARTICIPATION IN PROGRAM; LIMIT TO ONE (1) VEHICLE PER CUSTOMER

Customer acknowledges and agrees My Auto Care must approve any Customer vehicle for participation in the Program. Criteria for eligible vehicles can be found in § R. Customer shall not be entitled to any services set forth in this agreement until Customer’s vehicle is approved by My Auto Care. Customer further acknowledges this Agreement entitles Customer to have one (1) vehicle receive Program benefits, including scheduled vehicle maintenance and the discount noted in § K. Customer must specify one (1) vehicle to receive Program benefits at the time of enrollment. Any replacement vehicle may be substituted for Customer’s original vehicle only after notification of My Auto Care and My Auto Care’s approval of the replacement vehicle.

H. SCOPE OF V.I.P. MEMBERSHIP

Customer acknowledges Customer’s participation in the Program and approval of Customer for enrollment in the Program by My Auto Care constitutes a binding contract for scheduled vehicle maintenance based on Customer’s payment of a monthly fee to My Auto Care. Once Customer’s enrollment is approved by My Auto Care, Customer acknowledges the scheduled maintenance set forth in § I shall be included at no additional cost to Customer subject to the terms and conditions set forth in this agreement. Any scheduled maintenance provided under the terms of this agreement is expressly conditioned on Customer being current with monthly payments due to My Auto Care.

I. SCHEDULED VEHICLE MAINTENANCE TO BE PROVIDED AT NO COST TO V.I.P. PROGRAM MEMBERS

Full Synthetic Oil Change; Tire Rotation; Battery Test; Courtesy Visual Vehicle Inspection

J. FREQUENCY OF SCHEDULED VEHICLE MAINTENANCE

Customer shall be entitled to receive the scheduled vehicle maintenance set forth in § I after 5,000 miles have elapsed on Customer’s vehicle from the prior scheduled vehicle maintenance provided by My Auto Care. My Auto Care shall keep a record of the mileage on Customer’s vehicle at the time any scheduled vehicle maintenance is provided pursuant to this agreement. My Auto Care’s calculation of whether Customer is entitled to scheduled vehicle maintenance based on 5,000 miles elapsing shall be the sole method of determining whether Customer is eligible for subsequent scheduled vehicle maintenance.

K. DISCOUNT ON NON-SCHEDULED SERVICES FOR V.I.P. MEMBERS

Customer acknowledges that Customer shall receive a (ten) 10% discount on the non-scheduled services listed in § L as a benefit of their enrollment in the Program, up to a total maximum discount of two-hundred dollars ($200.00) for any non-scheduled services. Customer acknowledges the non-scheduled services listed in § L shall be priced according to the typical and customary pricing of My Auto Care. Customer shall not be entitled to any other discounts, coupons, or promotions if Customer elects to use the (ten) 10% discount.

L. THE FOLLOWING NON-SCHEDULED SERVICES ARE ELIGIBLE FOR THE 10% DISCOUNT NOTED IN § K

A/C and Heat: Heating, Ventilation, Air Conditioning (HVAC) Service and Repair; Alignments; Alternator Service and Replacement; Battery Service/Test Belts, Hoses and Filters; Brake Service and Repair; Check Engine Light Diagnostics; Clutch Repair and Service; Cooling System Service; CV Axle Repair and Replacement; Electrical System Services; Exhaust System Inspection and Repair; Fluid Maintenance Services; Fuel System (Air Induction and Fuel Injection Services); Scheduled Maintenance Services; Shocks and Struts ( Inspection and Replacement); Starter Service and Replacement; Steering and Suspension Inspection and Repair; Tire Rotation, Maintenance, and Services; Tune Up Service: Ignition System and Spark Plugs Windshield Chip Repair.

M. EXPRESS EXCLUSION OF DISCOUNT FOR TIRE PURCHASE AND/OR INSTALLATION

Customer agrees and acknowledges purchase and/or installation of tires is not eligible for the 10% discount referenced § K.

N. WARRANTY FOR SCHEDULED VEHICLE MAINTENANCE; STORAGE FEES

All scheduled vehicle maintenance performed as part of the Program includes a limited twelve (12) month/twelve thousand (12,000) mile parts and labor warranty through Precision Tune Auto Care, Inc. There is no warranty and no guarantee for installation of parts supplied by Customer. Any vehicle left on the property of My Auto Care, Participating Locations, its subsidiaries, franchisees, or its affiliates for more than thirty (30) days after scheduled vehicle maintenance is complete is subject to a daily storage fee of $50.00 per day. Customer acknowledges this storage fee shall constitute a lien on Customer’s vehicle and Customer’s vehicle shall not be returned to Customer or made accessible to Customer prior to payment of this amount.

O. LIMITS OF LIABILITY

To the extent permitted by law, Customer agrees that in exchange for the valuable consideration set forth in this Agreement, My Auto Care, its employees, staff, contractors, owners, officers, contractors, assignees, successors, and affiliates will not be liable to Customer, Customer’s heirs, assignees, successors, lienholders, or legal representatives for any claim, demand, civil action, lawsuit, personal injury claim, property damage claim, or contractual claim, arising out of or related to this Agreement, the Program, or services provided pursuant to this Agreement or the Program. Customer further agrees and acknowledges My Auto Care shall not be responsible for any overdraft fees, bank charges, bank fees, or any fee charged by Customer’s banking institution or credit card company related to Customer’s method of payment. Customer acknowledges and understands that any information provided to Customer as part of “Courtesy Inspection” is meant to be informative only. Any information, opinions, lack of information, or lack of opinion by My Auto Care, are not conclusive and do not guarantee a vehicles safety or drivability.

P. PARTICIPATING LOCATIONS

Customer agrees and acknowledges any scheduled vehicle maintenance subject to this Agreement and the Program, including the 10% Discount, is only available at the following locations, which are subject to change without prior notification to Customer.

FRANCHISE # / LOCATION
6409 Summerville
6421 Mt. Pleasant
6417 Myrtle Beach
6435 West Columbia
6401 Garners Ferry Road
6419 Cayce
6415 Sumter
6406 Two Notch Road
6440 Sunset Boulevard
6427 Irmo
6405 Broad River Road
6438 Lexington

Customer agrees and acknowledges that Customer shall not be entitled to receive any benefits at
any location not listed above.

Q. CUSTOMER RESPONSIBILITIES; SCHEDULING MAINTENANCE

Customer represents and warrants that Customer will provide accurate, current, complete, and updated information, including payment, contact, and vehicle information to My Auto Care. Customer acknowledges Customer’s responsibility to monitor their vehicle’s mileage and schedule an appointment for scheduled maintenance at the appropriate time. In the event Customer fails to schedule this maintenance, Customer shall not be entitled to any refund for any monthly payments made to My Auto Care.

R. VEHICLE ELIGIBILITY

Customer agrees and acknowledges that not all vehicles qualify for enrollment in the Program. Customers will not be permitted to enroll certain vehicles in the Program. The decision as to whether a vehicle is eligible for enrollment in the Program is at the sole discretion of My Auto Care. The following vehicles are not permitted to enroll in the Program: Any vehicle with less than 30,000 miles at the time of desired enrollment; Any vehicle not manufactured by Honda, Toyota, Mitsubishi, Subaru, Buick, Ford, Kia, Hyundai, Chevrolet, Chrysler, Jeep, Dodge, Ram, Nissan, GMC; Any luxury vehicle, including but not limited to: Lexus, Acura, Mercedes-Benz, BMW, Audi, Fiat, or Porsche; Any vehicle with a model year greater than twenty-five (25) years prior to the desired enrollment date; Any performance vehicle, including but not limited to: Corvette, Lamborghini, Ferrari, Dodge Hellcat; Any hybrid, diesel, electric, or non-gasoline fueled vehicle.

S. TRANSFERABILITY

Customer agrees and acknowledges that by executing this Agreement, Customer and My Auto Care are creating a legally binding contract. Benefits, privileges, and scheduled vehicle maintenance due to Customer under this Agreement are non transferable. In the event Customer sells or transfers any vehicle enrolled in the Program, the new owner must enroll in the Program to receive Program benefits. Customer further agrees and acknowledges My Auto Care shall have the right to assign, transfer, or sell its rights, interests, assets, and liabilities which may be created by this Agreement.

T. CUSTOMER DATA

Customer agrees and acknowledges to allow My Auto Care to collect certain information pertaining to Customer and Customer’s vehicle, including but not limited to: Customer name, address, telephone number, email, make, model, mileage, and service history. This data shall be owned by My Auto Care. In no event shall My Auto Care be liable to Customer for any damages, losses, injuries, or claims of any kind arising out of, or in any way connected with, a third party’s unauthorized access to Customer’s personal information. Customer agrees and acknowledges that any data collected by My Auto Care may be used by My Auto Care for business purposes including but not limited to: communicating with Customer, marketing services to Customer, notification and reminder of Customer of regularly scheduled maintenance intervals; and marketing services to the public. Customer authorizes My Auto Care to use third-party services, contractors, and companies for fulfillment of purposes listed in this section.

U. INTELLECTUAL PROPERTY

Unless otherwise noted, all aspects of the Program, its interfaces, websites, applications including all information, articles, audio, data, images, pictures, text, video, content, information, links, passwords, PINs, screens, usernames or other content or materials, including their “look and feel,” appearing on the content and interfaces and the account information, are the exclusive property of My Auto Care and are protected under copyright, trademark and other intellectual property laws. Customer agrees that My Auto Care own(s) all right, title and interest in and to the content and interfaces (including any and all intellectual property rights therein) and agrees not to take any action(s) inconsistent with such ownership interests. Except as expressly set forth in these terms, nothing on the content and interfaces shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise. My Auto Care reserves all rights in connection with the content and interfaces and account information, including, without limitation, the exclusive right to create derivative works.

V. AUTHORIZATION FOR PICKUP AND DROPOFF OF CUSTOMER VEHICLE FROM CUSTOMER LOCATION; RELEASE FROM LIABILITY FOR NORMAL WEAR AND TEAR; CUSTOMER INSURANCE PRIMARY

Customer may request, for payment of an additional fee, that their vehicle be picked up from a location of Customer’s choosing (“Customer Location”) and driven to a Participating Location by employees, contractors, subsidiaries, assignees, and licensees of the Participating Location for purposes of performing service to the Vehicle. Customer expressly authorizes employees, contractors, subsidiaries, assignees, and licensees of the Participating Location to operate Customer Vehicle for the purposes set forth in this section. Customer acknowledges and understands the Customer vehicle will be driven back to Customer Location after services are complete and payment is rendered for any services. Customer is responsible for ensuring the Customer vehicle meets all local and state legal requirements for operation on the roadway, including: active, current liability insurance in an amount equal to or greater than the state-minimum requirements; active, current liability insurance which provides coverage to employees, contractors, subsidiaries, assignees, and licensees of the Participating Location who operate Customer’s vehicle; and current license tag and current registration. Customer agrees that Customer’s automobile insurance will be the primary payer for any claims arising out of, or made in connection to, operation of Customer’s vehicle by employees, contractors, subsidiaries, assignees, and licensees of the Participating Location and My Auto Care.

Customer releases and agrees to hold harmless the Participating Location and My Auto Care for any damage caused by the normal operation of Customer Vehicle by employees, contractors, subsidiaries, assignees, and licensees of Participating Location and My Auto Care, including: flat tires, cracked windshields,and dead batteries.

Customer must ensure the vehicle has sufficient fuel to be safely operated from Customer Location to the Participating Location and returned. Customer expressly authorizes employees, contractors, subsidiaries, assignees, and licensees of the Participating Location to drive and operate Customer vehicle, and if needed, make any necessary stop for additional fuel or safety reasons. Any cost for additional fuel shall be added to Customer’s invoice.

W. ACCEPTANCE OF TERMS AND CONDITIONS OF THE AGREEMENT; ENROLLMENT IN PROGRAM

Having read and understood all terms and conditions set forth in this document, Customer agrees to said terms and conditions and enters into this Agreement with My Auto Care. Customer expressly authorizes My Auto Care to charge Customer’s method of payment immediately for the first monthly payment.