Terms of Service

Agreement Terms

Welcome to the Trifecta Franchise website. These Terms of Service ("Terms") govern your access to and use of our website, services, and content (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you and Trifecta Franchising, LLC ("Trifecta," "we," "us," or "our").

Modifications to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by updating the "Last Updated" date at the top of these Terms and, in some cases, may provide additional notice through our website or via email. Your continued use of our Services after such changes indicates your acceptance of the modified Terms.

It is your responsibility to review these Terms periodically to stay informed of updates. If you do not agree with the modified Terms, you must stop using our Services.

User Obligations

By using our Services, you agree to:

• Provide accurate, current, and complete information when filling out forms on our website
• Maintain the security of any account information, including passwords
• Promptly update your information if it changes
• Use our Services only for lawful purposes and in accordance with these Terms
• Not use our Services in any way that could damage, disable, overburden, or impair our Services

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Using our Services to transmit any material that is defamatory, obscene, or otherwise objectionable
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our Services
• Using any robot, spider, crawler, scraper, or other automated means to access our Services
• Bypassing measures we may use to prevent or restrict access to our Services
• Impersonating or misrepresenting your affiliation with any person or entity

Intellectual Property Rights

Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Trifecta, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

The Trifecta name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Trifecta or its affiliates or licensors. You may not use such marks without the prior written permission of Trifecta. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view our Services for your personal, non-commercial use. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms, your right to use our Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRIFECTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRIFECTA DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Franchise Information Disclaimer

The information provided on our website regarding franchise opportunities is for general informational purposes only and does not constitute an offer to sell or the solicitation of an offer to buy a franchise. An offer to sell a franchise can only be made through the delivery of a Franchise Disclosure Document (FDD).

Certain states require the registration of a FDD before the franchisor can advertise or offer the franchise in that state. The following states regulate the offer and sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of one of these states, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration and disclosure requirements in your state.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRIFECTA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Financial Projections

Any financial projections or statements about future performance provided on our website or through our Services are estimates only and should not be relied upon as guarantees of future results. Actual results may vary based on numerous factors, including but not limited to location, management, market conditions, and individual effort.

Indemnification

You agree to defend, indemnify, and hold harmless Trifecta, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of our Services, including, but not limited to, any use of the content, services, or products other than as expressly authorized in these Terms
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right

This defense and indemnification obligation will survive these Terms and your use of our Services.

Termination

We may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms, is harmful to other users of our Services, or is harmful to our interests.

Upon termination, your right to use our Services will immediately cease. If your access to our Services is terminated or suspended, any information you have stored on our Services may not be retrieved later.

Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina, in each case located in Richland County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.