In resolving a claim for arbitration, the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If the claimant can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TBC Corporation will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither claimant nor TBC Corporation shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
The following requirements apply to your use the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another's privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Platform for any commercial purpose not expressly approved by TBC Corporation in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
TBC Corporation assumes no liability for any information removed from our Platform and reserves the right to permanently restrict access to the Platform. For example, any information provided to click to chat/live chat participants is informational only and should not be relied on as the sole basis for deciding with respect to products, services, or repairs. TBC Corporation and its subsidiaries and affiliates are not liable for any information provided (and/or the consequences thereof) via a click to chat/live chat session. TBC Corporation does not endorse, verify, evaluate, or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by TBC Corporation without the prior review and written approval of TBC Corporation.
Certain areas of the Platform require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform, or any features at all. Users of the click to chat/live chat session should not provide personally identifiable information (such as date of birth, social security number, credit card number, or other payment information) to TBC Corporation during the click to chat/live chat. Any user who does so hereby does so at his or her own risk and agrees to release TBC Corporation and its subsidiaries and/or affiliates from any liability, damages, or causes of action relating thereto.
TBC Corporation makes no representations about the reliability of the features of this Platform, the TBC Corporation Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. TBC Corporation makes no representations regarding the amount of time that any TBC Corporation Content or other content will be preserved.
The Internet may be subject to breaches of security. TBC Corporation is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing TBC Corporation any information or posting information to the Platform. TBC Corporation makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. This Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TBC CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL TBC CORPORATION BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND TBC CORPORATION’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL TBC CORPORATION OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF TBC CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF TBC CORPORATION’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
(Last Updated: 11.4.2022)
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Please note that the information contained on this website does not constitute the offer of a franchise and that such offers will be made only in conjunction with the presentation of the Midas Disclosure Document in states where we are first registered, excluded, exempted or otherwise qualified to offer franchises in that state.
(1) This number is an historic financial performance representation reflecting the average of franchisee net income on an annual basis for the 2020 calendar year of the top quartile of all Midas Shop outlets (in terms of total income) that operated for at least 12 consecutive months as of December 31, 2020, and who furnished financial data to us for the year that we believe to be reliable (the “2020 Top Quartile Stores”). The 2020 Top Quartile Stores include 60 outlets, of which 28 (or 47 percent) exceed the average net income of that group. The information was compiled using actual reported sales of our existing U.S. Midas Shop outlets during the year 2020 based on monthly sales reports submitted to us by Midas franchisees for the purpose of computing royalty fees and other financial data of these shops that was submitted to us. We have not independently audited or verified the accuracy of these numbers, and we do not know if these numbers have been verified or audited on behalf of the franchisees. A new franchisee’s results may differ from the represented performance. Click here to see Item 19 of the Midas 2021 FDD for further information.
(2) This number is an historic financial performance representation reflecting the average of franchisee gross revenues on an annual basis for the 2019 and 2020 calendar years of the top quartile of all Midas Shop outlets that operated for at least 24 consecutive months as of December 31, 2020, and who reported sales for each month of the 2019 and 2020 years (the “2019/2020 Top Quartile Stores”). The 2019/2020 Top Quartile Stores include 228 outlets, of which 72 (or 32 percent) exceed the average total revenues of that group. The information was compiled using actual reported sales of our existing U.S. Midas Shop outlets during the years 2019 and 2020 based on monthly sales reports submitted to us by Midas franchisees for the purpose of computing royalty fees. We have not independently audited or verified the accuracy of these numbers, and we do not know if these numbers have been verified or audited on behalf of the franchisees. A new franchisee’s results may differ from the represented performance. Click here to see Item 19 of the Midas 2021 FDD for further information.