We offer a mobile messaging program (the “Mobile Message Program”). By subscribing to the Mobile Message Program, you agree to the terms and conditions in this Section, along with all provisions in the Terms and Conditions and our Privacy Policy. This Section is limited to the Mobile Message Program and is not intended to modify other Terms and Conditions that may govern the relationship between you and us in other contexts. In the case of any conflict, inconsistency, or variance between the Terms and Conditions and the provisions of this Section relating to the Mobile Message Program, the terms of this Section shall apply. If you do not agree to the terms of this Section, you should opt-out of the Mobile Message Program.

User Opt In: The Mobile Message Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Mobile Message Program by providing their phone number to us, whether in person, through online forms, or other application-based enrollment forms. Regardless of the opt-in method you utilized to join the Mobile Message Program, you agree that these Terms and Conditions applies to your participation in the Mobile Message Program. By participating in the Mobile Message Program, you agree that you have provided the appropriate consent required to receive the type of SMS/MMS mobile messages requested and understand that such SMS/MMS mobile messages may be sent via an automatic telephone dialing system to the phone number that you provided. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Message and data rates may apply. By participating in the Mobile Message Program, you represent that you are the subscriber for or authorized user of the phone number that you provided in opting-in to receive mobile messages from Kirby-Smith as part of the Mobile Message Program and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE SMS/MMS MOBILE MESSAGES AS CONDITION OF PURCHASING ANY GOODS OR SERVICES FROM KIRBY-SMITH.

We reserve the right to suspend, modify, or terminate the Mobile Message Program at any time in whole or in part, for any reason, with or without notice to you.

Kirby-Smith does not guarantee the timeliness, accuracy, completeness or receipt of mobile messages transmitted through its Mobile Message Program. Mobile messages are transmitted by telecommunications service providers over whom Kirby-Smith has no control.

User Opt Out: You may choose to opt-out of receiving SMS/MMS mobile messages as part of the Mobile Message Program at any time. If you do not wish to continue participating in the Mobile Message Program or no longer agree to this Agreement, you can stop receiving mobile messages by replying “STOP” to any mobile message received as part of the Mobile Message Program. You may receive an additional mobile message confirming your decision to opt out. You may also opt-out by texting “END,” “QUIT”, “REVOKE,” “OPT-OUT,” “CANCEL,” and “UNSUBSCRIBE” to any mobile message you received. Opt-out requests will apply to all mobile messages types that you signed up for as part of the Mobile Message Program. You may also opt-out via our communication preference page available here. If you want to join again, just sign up as you did the first time and we will start sending mobile messages to you again.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Mobile Message Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms and Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

ALL MOBILE MESSAGES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. KIRBY-SMITH MAKES NO WARRANTY THAT MOBILE MESSAGES WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE OR COMPLETE. YOU FURTHER AGREE THAT ALL USE OF THE MOBILE MESSAGE PROGRAM IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, KIRBY-SMITH DOES NOT MAKE ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMMUNICATIONS.

Program Description: Users can select the types of mobile messages they wish to receiver by subscribing at Communication Preference. Without limiting the scope of the Mobile Message Program, users that opt into the Mobile Message Program can expect to receive messages concerning the promotions, marketing, and sale of inventory including general availability and pricing; updates on transactions, maintenance, or other service related information including billing and payment; important safety and emergency alerts; and account and operational information.

1. Promos & Marketing. Examples include but are not limited to: Special offers and discounts, New product or equipment announcements, Seasonal campaigns, Event invitations or promotions

2. Service-Related & Transactional. Examples include but are not limited to: Appointment confirmations and reminders for machine maintenance, Order and delivery updates, Service scheduling notifications, Repair or maintenance status updates

3. Account & Operational. Examples include but are not limited to: Account activity or changes, MyKomatsu Login or security alerts, Account preference updates

4. Important Safety & Emergency Alerts. Examples include but are not limited to: Severe weather or site safety alerts, Equipment safety notices or recalls, Facility closures or disruptions, Urgent operational or hazard notifications Cost and Frequency: Message and data rates may apply. The Mobile Message Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. Message frequency may vary but will not exceed [Number] messages per month, except to the extent we are responding your requests.

Support Instructions: If at any time you have questions regarding the Mobile Message Program, just text “HELP” to [NUMBER] or reply “HELP” to any mobile message you have received from us. You can also contact us via our online portal available, here. Please note that the use of this online portal is not an acceptable method of opting out of the Mobile Message Program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Mobile Message Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Mobile Message Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Mobile Message Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. When you complete forms online or otherwise provide us information, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Mobile Message Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.

Age Restriction: The Mobile Message Program is intended for adults and you may not use or engage with the Mobile Message Program if you are under thirteen (13) years of age. If you use or engage with the Mobile Message Program and are between the ages of thirteen (13) and eighteen (18) years of age or the age of majority as that is defined in your jurisdiction, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Mobile Message Program, you acknowledge and agree that you are not under the age of thirteen (13) years, and if under the age of eighteen (18) or the age of majority as that is defined in your jurisdiction, you have your parent’s or legal guardian’s permission to use or engage with the Mobile Message Program, or are of adult age in your jurisdiction. By using or engaging with the Mobile Message Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Mobile Message Program.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Mobile Message Program. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act; and

• Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

As part of the provision of the Mobile Message Program, we may receive certain information from you including your mobile phone number, the name of your mobile carrier, and the date, time, and content of your messages or any other information you provide to us using mobile texting. For information regarding the collection, use and retention of your information by Kirby-Smith, view our Privacy Policy.