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TERMS OF USE

Alliance Franchise Brands LLC
Terms of Use Agreement

IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.

THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE AFB SITES
(DEFINED BELOW) AND OUR SERVICES (DEFINED BELOW).

Welcome to the Internet website(s) available at and under www.alliancefranchisebrands.com,
www.allegrafranchise.com, www.allegramarketingprint.com, www.americanspeedy.com,
www.image360.com, www.Image360franchise.com, www.instyprints.com,
www.signsbytomorrow.com, www.signsnow.com and the related or linked websites of our
Centers (defined below) (collectively, the “AFB Sites”) developed, hosted, maintained or operated
by Alliance Franchise Brands LLC (“AFB”), its affiliates, subsidiaries or designees. In this Terms
of Use Agreement (this “Agreement”), AFB or such affiliates, subsidiaries or designees are
referred to collectively as “we,” “us” or “our.” This Agreement, which includes the terms and
conditions of the Privacy Policy (available at www.allegramarketingprint.com) and any Additional
Terms (defined below), sets forth the terms and conditions governing your use of the AFB Sites
and your access to and use of the webpage, sub-pages, URLs, links, the Marks (defined below),
copyrights, information, other content and services offered on or through the AFB Sites
(collectively, the “Services”). The Privacy Policy and any Additional Terms are incorporated into
this Agreement by this reference. Except as otherwise indicated, any reference herein to the
“Agreement” shall include the Privacy Policy and any Additional Terms.
Please carefully review the Privacy Policy, the Additional Terms and this Agreement before
accessing or using the AFB Sites or the Services. By accessing or using the AFB Sites or any of
the Services, you accept and agree to be legally bound by this Agreement, as it may be amended
or supplemented from time to time by us. Further, certain areas of the AFB Sites, including,
without limitation, access to franchisee only areas, or product or service ordering services, may
require registration and/or be subject to additional terms and conditions of use; and we will
provide you with notice of such additional terms and conditions on your registration.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS
THE AFB SITES OR USE THE SERVICES.

1. We Reserve the Right to Revise this Agreement. We reserve the right, at any time and from
time to time, to update, revise, supplement and to otherwise modify this Agreement, the Privacy
Policy and the Additional Terms and to impose new or additional rules, policies, terms or
conditions on your use of the AFB Sites or the Services. Such updates, revisions, supplements,
modifications and additional rules, polices, terms and conditions (collectively referred to in this
Agreement as “Additional Terms”) will be effective immediately and incorporated into this
Agreement upon our publishing them on the AFB Sites, and we will update the effective date of
this Agreement. If the revisions are significant, a notice will be posted prominently on the AFB
Sites to notify you of such revisions. You are responsible for reviewing this Agreement each time
you use or access the AFB Sites or use the Services. Your continued use of any of the AFB Sites
or the Services following such notice will be deemed to conclusively indicate your acceptance of
any and all such Additional Terms. If this Agreement is terminated for any reason, Sections 4, 7,
8, 9, 11, 13, 14, 15 and 16 of this Agreement shall survive any such termination.
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THIS AGREEMENT
AND THE PRIVACY POLICY AND/OR ANY ADDITIONAL TERMS, THE FOLLOWING ORDER
OF PRECEDENCE SHALL CONTROL: (A) THIS AGREEMENT; (B) THE PRIVACY POLICY;
AND (C) ANY ADDITIONAL TERMS.
In addition, offers or coupons made available on the AFB Sites might be subject to additional
terms and conditions provided in conjunction with the offer or coupon. We will provide these
terms and conditions to you or post them on the offers or coupons to which they apply.

2. We May Discontinue the AFB Sites or the Services at any time. We reserve the right, at any
time and from time to time, to modify or discontinue, temporarily or permanently, the AFB Sites or
the Services, with or without notice to you. This includes the right to modify, discontinue or remove
any content, postings, links, pages, services, or other materials at any time and for any reason.
You agree that we will not be liable to you for any modification, general suspension or
discontinuance of any AFB Sites or the Services. We may refuse or restrict anyone from access to
any or all of the AFB Sites or the Services at any time.

3. Centers are Independent Contractors. If you are accessing any of the AFB Sites that are
particular to a franchised or licensed Center, which engages in the operation of a sign design and
graphic sales business using our proprietary system and Marks pursuant to a franchise
agreement (each a “Franchise Agreement”) with us (“Centers”), you understand and agree that:
although we may host, develop, maintain or operate the AFB Sites on behalf of the Centers, the
Centers are independent contractors operating as separate legal entities under Franchise
Agreements with us. If you are accessing this Agreement from one of these Centers’ websites,
you recognize that we are merely operating as a third party service provider providing advertising
services to the Center and are not, by operation, hosting, maintaining or developing the Centers’
websites, nor are we such Centers’ partners, joint venturors, principals, employers, employees or
agents. Centers are not our agents or employees. Centers do not have any right to speak for us or
on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts
or omissions of Centers.

4. Acceptable Use of the AFB Sites or the Services. In order to use the AFB Sites or the Services,
you must obtain access to the Internet directly or through devices that access web-based content
and pay any and all service fees, if any, associated with such access. In addition, you agree not
to: (1) use or access the AFB Sites or the Services for any purpose that is unlawful or prohibited
by this Agreement; (2) use or access the AFB Sites or the Services in a manner that could
damage, disable, overburden, or impair the server hosting the AFB Sites or the networks
connected to any server hosting the AFB Sites; (3) interfere with any third party's use and
enjoyment of the AFB Sites or the Services; or (4) attempt to gain unauthorized access to
information, accounts, computer systems or networks retained on or connected to any server
hosting the AFB Sites or the Services through hacking, password mining or any other means.
(a) Individual Use. Except as provided in (b) below, you agree that you are only authorized to visit,
view and to retain a single copy of pages of AFB Sites solely for your own individual,
non-commercial use, provided that: (i) you keep intact all legal notices, credits, copyright, and
other proprietary notices; (ii) you do not use the materials in a manner that suggests an
association with any of our products, services or brands; (iii) you make no modifications to the
materials; and (iv) you shall not duplicate, download, publish, modify or otherwise distribute any
material on the AFB Sites for any purpose other than for your own individual use unless otherwise
specifically authorized by us.
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
(b) Commercial Use. If you wish to publish, frame, refer to or provide information about the AFB
Sites, our Marks, our copyrighted materials or any Services on any website, web page, e-mail
address or the like operated by you or your affiliates, or any companies, partnerships, limited
liability partnerships or any other legal entities which you have an ownership or investment
interest in (collectively referred to as “you”), you must first obtain our prior written permission to do
so and enter into an agreement with us on terms designated by us. By “commercial purposes,” we
mean any activity by you, on your own behalf or on behalf of any customer, for consideration. If
you are a Center, any use of the AFB Sites or the Services by you constitutes a commercial
purpose and your use of the AFB Sites or the Services are governed by your Franchise
Agreement with us and this Agreement.
(c) Links. Unless otherwise notified by us, you may create, post, display, publish or distribute any
link from your website (the “Linking AFB Sites”) to a page(s) of an AFB Site (“AFB Linked Page”),
provided that you adhere to the following linking policy: (1) the wording of the link’s anchor text
and any other accompanying text must refer to the content of the AFB Linked Page that you are
linking to and must not contain any Prohibited Text (defined below); (2) the appearance, position
and other aspects of the link may not be such as to damage or dilute the goodwill associated with
our Marks; (3) the appearance, position and other attributes of the link may not create the false
appearance that the Linking AFB Sites or your organization or entity is sponsored by, affiliated
with, or associated with us; (4) when selected by a user, the link must display the AFB Linked
Page as a full-screen and not within a "frame" on the Linking AFB Sites; (5) the Linking AFB Sites
must not replicate any content contained on the AFB Linked Page (or any other page of an AFB
Site); (6) the Linking AFB Sites must not present misleading or false information about us, any
AFB Site, or the Services; (7) neither the Linking AFB Sites nor the link may use the Marks without
our prior written permission; (8) the Linking AFB Sites must not contain Prohibited Content
(defined below); and (9) you agree that we reserve the right to require you to remove the link at
any time upon our request. In the event we require you to remove your link, you will promptly
remove the link from the Linking AFB Sites and cease all linking to the AFB Sites.
For purposes of this Agreement, the term “Prohibited Text” includes, but is not limited to, text that
is obscene, defamatory, libelous, slanderous, lewd, violent, illegal, offensive, disparaging or
includes inappropriate words, abbreviations, language, signs, symbols, references, content or
other statements. For purposes of this Agreement, the term “Prohibited Content” includes, but is
not limited to, content that we, in our sole and absolute discretion, determine violates any
applicable law, as well as, that which (i) promotes, suggests or encourages (a) gambling,
including, without limitation, any content related to online casinos, sports books, bingo or poker,
(b) the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity,
profanity, or other adult content, violence, or the use of alcohol or tobacco products, or (c) the
taking up of arms against any person, government or entity, or otherwise challenge or seek to
overthrow any government; or (ii) otherwise contains (a) content that infringes upon, or otherwise
violates, the rights of any third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights, (b) any obscene, defamatory, libelous, slanderous, lewd, violent,
illegal, offensive, disparaging or inappropriate words, abbreviations, language, signs, symbols,
references, content or statements, (c) content that is deceptive or fraudulent, (d) hate speech, or
other discriminatory, disparaging or denigrating content, whether directed at an individual or a
group, and whether based upon race, age, gender, disability, sexual orientation, ethnicity,
religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or
mental or physical disability or condition, (e) content that disparages, denigrates, or uses
adversarial or confrontational tactics to impact a product, service, person, industry, or
organization including, but not limited to, us, (f) content the primary purpose of which is to
advance a religious denomination, expand membership or encourage conversion, or (g) content
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
advancing a particular political party or candidate or supporting lobbying for any particular party or
candidate, or expanding or encouraging a membership or a particular political party, candidate or
lobbying effort.
(d) Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the
AFB Sites or the Services. Accordingly, you shall not: (i) access data or materials not intended for
you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe,
scan or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization; or (iv) attempt to interfere with service to any user, host or
network, including without limitation, via means of submitting a virus to the AFB Sites or the
Services, or overloading, “flooding,” “mailbombing” or “crashing” the AFB Sites or the Services.
Violations of system or network security may result in civil or criminal liability. We reserve the right
to investigate occurrences which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who have participated in such violations.
You understand that data and communications, including e-mail and other electronic
communications, may be accessed by unauthorized third parties when communicated over the
Internet. You agree that it is your responsibility, and not ours, to obtain and use third party
software products that support encryption and other security protocols compatible with such
protocols (if any) that may be used by us from time to time in connection with the AFB Sites or the
Services.
(e) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR
PRODUCTS TO AUTOMATICALLY DOWNLOAD OR “SPIDER” THE AFB SITES, ANY OF THE
PAGES OF THE AFB SITES OR THE SERVICES INFRINGES ON OUR COPYRIGHTS. DO
NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE AFB Sites
OR THE SERVICES.
(f) Termination. We may and will terminate your access to, and use of, an AFB Site and the
Services immediately, if we believe that your conduct fails to conform with this Agreement. Upon
termination of your access to, and use of, an AFB Site or the Services, all rights granted to you
under this Agreement will cease immediately, and you agree that you will immediately discontinue
use of the AFB Site and the Services. Without limiting our rights and your limitations under this
Agreement, if you use, or attempt to use AFB Sites, the Services, the Marks or our copyrighted
materials for any purposes other than its intended purposes (including without limitation by
tampering, hacking, modifying or otherwise corrupting the security or functionality of the AFB
Sites or the Services), you may also be subject to civil and criminal liability.
(g) You Are Responsible For All of Your Activities and All of The Content You Post. You represent
and warrant that any information you post or provide to us by means of the AFB Sites, including,
without limitation, as part of any registration or application or to gain access to AFB Sites or any
Services, is truthful, accurate, not misleading and offered in good faith. Any information disclosed
to you via the AFB Sites or the Services including, without limitation, any content in the
personalized areas of the AFB Sites, may be used only for its intended purpose. We expect that
you will exercise caution, good sense and proper judgment in using the AFB Sites and the
Services. You agree NOT to use the AFB Sites or the Services for or in connection with any of the
following activities:
(i) Spoofing or otherwise impersonating any person or entity, including, without limitation, any
other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
affiliation in any way, or forging any TCP/IP packet header or any part of the header information in
any e-mail or other posting;
(ii) Any fraudulent or illegal purpose;
(iii) E-mailing, uploading, or otherwise transmitting or using the AFB Sites or the Services in
furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious,
libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or
otherwise objectionable material of any kind, or any material that is invasive of another’s privacy
or exploits children, or transmitting any sexually explicit materials, including images and other
content; and
(iv) Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or
other computer programming routines or engines that are intended to damage, destroy, disrupt or
otherwise impair a computer’s functionality or the operation of our (or anyone else’s) Services,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or
information, or transmit any materials that otherwise violate our rules or policies.
(h) Account Password and User ID. If you are required to become a registered user of the AFB
Sites or the Services, you must receive or establish one or more passwords and accounts in the
manner we designate. Maintaining the confidentiality and security of your passwords and
accounts is solely your responsibility. Accordingly, you shall maintain the security and
confidentiality of your accounts. Do not divulge your password or account information to any third
party. You are entirely responsible for all activities that occur on or through your account(s), and
you agree to notify us immediately about any unauthorized use of accounts or any breach of
security. You agree that we shall not be responsible for any losses incurred in connection with any
misuse of or failure to secure passwords, nor shall they have any responsibility whatsoever for
your failure to comply with this Section.
(i) Review, Comments, and other Content. You may upload mail lists, pictures, logos, digital
signatures, and other graphic or textual content; send direct mail or email solicitations and other
communications; and submit suggestions, ideas, comments, questions, or other information, so
long as you comply with clause (j) below, and the content is not illegal, obscene, threatening,
defamatory, injurious to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, or any form of "spam." You
must always get written permission from all persons named, identified, referred or alluded to,
either explicitly or implicitly, in such content and, if required, provide us with such written
permission upon our request. This includes getting permission from parents or guardians if the
person is under the age of 18.
(j) Do Not Violate Third Party Intellectual Property Rights. Without limiting any of our rights or your
obligations under this Agreement, you may not, and by using the Services or an AFB Site you
agree not to, use the Services or an AFB Site to: (i) transmit material that is copyrighted, unless
you are the copyright owner or have obtained the permission of the copyright owner to transmit it;
(ii) transmit material that reveals trade secrets, unless you own them or have the permission of the
owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property
Rights (as defined below) of others or violates the privacy or rights of publicity of others. For
purposes of this Agreement, the term “Intellectual Property Rights” means, collectively, rights
under patent, trademark, copyright and trade secret laws, and any other intellectual property or
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation,
moral rights and similar rights.
(k) Ownership. The trademarks, trade names, logos, color schemes, service marks, slogans, and
similar means of identifying products or services displayed on any of the AFB Sites, including
without limitation, any variation of the term or phrase “Allegra®” (collectively, the “Marks”) and
other Intellectual Property Rights are our or our licensors registered and/or common law marks or
other Intellectual Property Rights. All content and materials on the AFB Sites including, without
limitation, the Marks, button icons, images, audio clips, and software, copyrights, patents and
other Intellectual Property Rights included in the Services or an AFB Site, are our property or our
licensors’ and are protected by United States and international copyright, patent, trademarks, and
other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the
AFB Sites is our exclusive property and is protected by United States and international copyright
laws. All software used on the AFB Sites is our property or our licensors’ property and is protected
by United States and international copyright laws. Except to the minimum extent otherwise
expressly permitted under copyright law, no copying or exploitation of material from the Services
or on an AFB Site is permitted without the express prior written permission of us and any other
applicable copyright owner. You may not copy, reproduce, republish, upload, post, transmit, sell,
distribute, transfer or modify any of the content, data, information or materials found on the AFB
Sites, but you may download, display and print one (1) copy of the content displayed on the AFB
Sites on a single computer for your personal-non-commercial use (see Section 4(a) above). You
will not use the Marks or other AFB Site content on any site, website, web page, portal, or on any
form of advertisement which you operate, authorize or control without our express prior written
permission. You may not use our Marks or copyrighted materials in any search engine
descriptions, content, meta-tags, “white lettering”, key words, or other means of directing or
influencing web traffic to any website, web page, portal or e-mail operated, controlled or
authorized by you without our express prior written permission and your doing so constitutes a
violation of our rights under United States federal and state law, and other international laws and
is a breach of this Agreement. You will not adopt or use any names, trademarks, slogans, trade
names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search
descriptions or the like that are the same or are confusingly similar to the Marks. Without our prior
written consent, you will not submit or maintain any information submitted to search engines
which incorporates any content from the AFB Sites, the Marks, our copyrighted materials or any
marks that are confusingly similar to the Marks. Unless you are a Center franchisee or licensee in
full compliance with your Franchise Agreement and other related agreements with us, you also
may not resell the Services (or any part thereof) without our prior written consent. If you wish to do
so, contact us at datagov@alliancefranchisebrands.com to determine if we will grant you prior
written permission to resell the Services or use the Marks in such manner. If you wish to access
AFB Sites or use any of the Services, copyrighted materials or the Marks for commercial
purposes in any way, contact datagov@alliancefranchisebrands.com to discuss establishing a
commercial relationship with us and find out if we will grant you prior written permission to do so.
You acknowledge that you do not acquire any ownership or license rights by virtue of
downloading the Marks or copyrighted material from the Services or an AFB Site. All rights not
expressly granted under this Agreement are expressly reserved to us. If you believe your rights
under applicable copyright laws are being infringed, you may notify us in accordance with the
instructions set forth in Section 16 hereof.
(l) Use and Access Outside the United States. The AFB Sites are hosted in the United States and
back up servers may be located outside of the United States. If you visit from the European Union
or other foreign jurisdictions, please note that (a) we make no representations or warranties that
the information, products or services contained on the AFB Sites is appropriate for use or access
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
or is available in other jurisdictions; and (b) these jurisdictions have laws governing data collection
and use that may differ from United States law. You should be aware that if you transfer Personal
Information to us through the AFB Sites or the Services, you are transferring such information to
the United States and the United States does not have the same data protection laws as the
European Union and some other regions. By providing Personal Information to us, you consent to
the transfer of it to the United States and the use of it in accordance with the Privacy Policy.

5. We May Provide Third Party Content on the AFB Sites. We may occasionally provide third
party content or link to third party websites on the AFB Sites. Such websites are not under our
control and we explicitly disclaim any responsibility for the accuracy, content or availability of the
information products, and/or services found on or through such websites. We do not endorse and
have not taken any steps to confirm the accuracy or reliability of any of the information, products
or services contained on or through such websites. We do not make any representations or
warranties as to the security or use of any information (such as credit card and other sensitive
information) you might provide on or through any such websites. If applicable, you should review
the third parties’ terms of use and privacy policies before you use their services.

6. Submissions. If you do post or send us any comments, suggestions, information, ideas,
concepts, knowledge, techniques, content, or materials (collectively, “Submissions”), and unless
we indicate otherwise, you grant us and our agents, representatives, co-branding partners,
franchisees and licensees (collectively, the “AFB Parties”), a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display the Submissions, for any purpose,
including developing, manufacturing or marketing products and/or modifying or improving the
AFB Sites or the Services, throughout the world in any media. You grant the AFB Parties, and any
of the AFB Parties’ sublicensees, the right to use the name that you submit in connection with
such Submissions, if the AFB Parties choose.

7. Compliance with Laws. You may use the Services and the AFB Sites only for lawful purposes.
The Services and use of the AFB Sites are subject to, and you agree that you will at all times
comply with, all applicable local, state, national, and international laws, statutes, rules,
regulations, ordinances and the like applicable to the use of the Services and the AFB Sites. This
obligation includes your agreement to comply with all applicable laws, regulations, and rules
relating to the export of technical and other data from the United States (and from your country if
you are not located in the United States) and your agreement not to export or re-export any such
data or any other content or materials in violation of such laws, rules or regulations without first
obtaining all necessary licenses, consents and approvals therefor, as well as authorization from
us.

8. Your Access to Certain Services. As a convenience and courtesy to you, in addition to the
Services offered to the general user of the AFB Sites, we may provide you access to certain AFB
Sites for purpose of contracting with us or Centers to sell products or services to you. If we do so,
any offers or sales made in connection with the use of such AFB Sites will be subject to our
purchase policies and this Agreement. You acknowledge that your electronic submissions
constitute your agreement and intent to be bound by the agreements into which you thereby
enter. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including
without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or
other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF
NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
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THROUGH THE AFB SITES. 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 nonelectronic records, or to payments or the granting of
credits by other than electronic means. You may obtain a copy of this Agreement by printing it
now. In addition, you understand that certain Services on the AFB Sites such as a general
contents page and a current information page (which provides information that may include,
without limitation, news of interest to users of the AFB Sites, shipper information and other
Services) may include materials and information from third parties, and you acknowledge and
agree that we have minimal control over such information. Accordingly, we cannot guarantee,
represent or warrant that the content contained in the AFB Sites is accurate, appropriate to you,
and/or inoffensive (see Section 5).

9. We Make No Warranties. YOUR USE OF THE SERVICES AND THE AFB SITES IS AT YOUR
SOLE RISK. THE SERVICES AND THE AFB SITES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
AS TO THE OPERATION OF THE AFB SITES OR THE SERVICES OR THE INFORMATION
CONTAINED ON THE AFB SITES. WE DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY
WARRANTIES OF TITLE, NONINFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT,
SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES. WE DO NOT
WARRANT THAT THE AFB SITES OR SERVICES WILL BE AVAILABLE OR OPERATE IN AN
UNINTERRUPTED, DELAY OR ERROR-FREE MANNER (INCLUDING, WITHOUT
LIMITATION, ANY ERRORS, DELAY OR INTERRUPTIONS DUE TO PROBLEMS WITH
COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD OR FAILURE OF A
TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE CONNECTIVITY), OR THAT
ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE
AFB SITES OR SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS,
INCLUDING VIRUSES. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION
AVAILABLE ON OR THROUGH THE AFB SITES INCLUDING, WITHOUT LIMITATION,
ESTIMATED FEES BASED ON USER-PROVIDED INPUT ANY SALES TRANSACTIONS PAGE
OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE, COMPLETE,
CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR AVAILABLE FOR USE IN ANY
PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE
THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. SOME STATES DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE
TO STATE.

10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR
EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, PARTNERS,
SUCCESSORS, ASSIGNEES, FRANCHISEES, LICENSEES, CO-BRANDING PARTNERS,
CENTERS, AGENTS, VENDORS, CONTRACTORS AND SUPPLIERS (COLLECTIVELY,
“INDEMNIFIED PARTIES”) WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON
UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, IN TORT
(INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE
USE OF THE SERVICES OR ANY ASPECT OF THE AFB SITES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, WORK
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING
LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE
INDEMNIFIED PARTIES FOR ANY REASON AND UPON ANY CAUSE OF ACTION
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER
ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE
AFB SITES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY
INCURRED UP TO TWO HUNDRED FIFTY ($250) US DOLLARS. THESE LIMITATIONS OF
LIABILITY SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR
INABILITY TO USE THE AFB SITES OR SERVICES, OR ANY OTHER MATTER ARISING
FROM OR RELATING TO THE AFB SITES OR THE SERVICES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.

11. Indemnity. You agree to indemnify and hold harmless the Indemnified Parties, and, at our
request, to defend the Indemnified Parties from and against any claim, demand, cause of action,
debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based
upon, arises out of, or relates to your use (or inability to use) the Services, any aspect of the AFB
Sites, your breach of this Agreement, or any other activities of yours accomplished using the
Services or the AFB Sites.

12. Order of Precedence. This Agreement governs your use of the AFB Sites and access to the
Services. This Agreement does not modify, alter or amend any other agreement you have entered
or will enter into with us or any of our related or affiliated entities. To the extent that any provision
of this Agreement, or any supplemental agreement offered as part of any registration for
additional Services on the AFB Site conflicts with any provision of your other agreements with us
or any of our related or affiliated entities, the terms of this Agreement shall control.

13. Dispute Resolution. If a dispute arises out of or relates to this Agreement or its breach (with
the exception of rights to injunctive or equitable relief with respect to Intellectual Property Rights
and obligations with respect to confidentiality), then the dispute shall be resolved in binding
arbitration in accordance with the following procedures: (i) the dispute must be resolved by
arbitration administered by the American Arbitration Association under its Commercial Arbitration
Rules; (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of
competent jurisdiction; (iii) the location of the arbitration shall be in Plymouth, Michigan; and (iv)
any such controversy or claim shall be arbitrated on an individual basis, and shall not be
commenced, conducted or consolidated in with any claim or controversy of any other party.
Notwithstanding the foregoing, we may seek injunctive or equitable relief with respect to
Intellectual Property Rights and obligations with respect to confidentiality with respect to
Intellectual Property Rights and obligations with respect to confidentiality, in any court having
proper jurisdiction, and you consent to exclusive jurisdiction and venue in such courts.

14. Choice of Law and Forum. The Services and the AFB Sites are controlled by us from within
the State of Michigan. Subject to Section 13, by submitting a registration or by accessing or using
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
the AFB Sites or the Services, you and we each agree that the substantive laws of the State of
Michigan will govern with respect to all matters relating to or arising from this Agreement, or the
use (or inability to use) the AFB Sites or the Services, and that such laws will apply without regard
to principles of conflict of laws. Subject to the dispute resolution procedures set forth above, you
and we agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state
and federal courts located closest to Plymouth, Michigan with respect to such matters.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to the AFB Sites or the Services must be filed or otherwise commenced within one (1) year
after such claim or cause of action arose or be forever barred.

15. Miscellaneous Terms. Subject to the terms of this Agreement and our other operating rules
and policies for the AFB Sites and the Services, this Agreement constitutes the entire agreement
between you and us with respect to the subject matter addressed herein, and governs your use of
the AFB Sites and the Services, superseding any prior agreements between you and us relating
to such subject matter, but this Agreement may be supplemented by any other agreement you
enter into with us pursuant to a registration to access certain features of the AFB Sites. Neither
the course of conduct between the parties nor trade practices shall act to modify this Agreement.
We may assign our rights and duties hereunder to any party without any notice to you. You may
not assign this Agreement without our prior written consent. The failure of us to exercise or
enforce any right or provision of this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and that the other provisions of this Agreement remain in
full force and effect. The section headings used in this Agreement are for convenience only and
have no legal or contractual effect.
Without limiting the foregoing, the Services and the AFB Sites are not intended for use by or
availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU
LIVE OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY NOT ACCESS THE
AFB SITES OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF
THE SERVICES AND DO NOT ACCESS THE AFB SITES.

16. Copyright Notice and Takedown Policy Notice and Procedure for Making Claims of Copyright
Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to us at the address indicated below in Section 17.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL
PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS
FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3(A), the notification
must include the following:
• an electronic or physical signature of the owner or of the person authorized to act on
behalf of the owner of the copyright interest;
Alliance Franchise Brands Corporate Site Terms & Conditions- Terms of Use 20210101
• a description of the copyrighted work that you claim has been infringed, and a description
of the infringing activity including of where the material that you claim is infringing is
located on an AFB Site sufficient to allow us to locate the material;
• identification of the location where the original or an authorized copy of the copyrighted
work exists, for example the URL of the website where it is posted or the name of the book
in which it has been published;
• your address, telephone number, and e-mail address;
• 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; and
• a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.

17. Questions, Comments or Concerns. If you have any questions, comments, or concerns or
wish to seek our prior written permission regarding this Agreement, including, without limitation,
the Privacy Policy, and/or the AFB Sites or Services, or are providing notification of claimed
copyright infringement in accordance with Section 16 above, please contact us below:

Attn: Data Governance Committee
Alliance Franchise Brands LLC
47585 Galleon Drive
Plymouth, Michigan 48170-2466
800-726-9050
datagov@alliancefranchisebrands.com

NOTICE REGARDING FRANCHISE OFFERS OR SALES
This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise.
It is for information purposes only.
Currently, 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 jurisdiction.

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