TRMS360 Terms of Use

By accessing or using the TRMS360 System, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms applicable to a particular product, purchase, membership, event, program, or service.

If you do not agree to these Terms, do not use the TRMS360 System.

If you use TRMS360 on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. In that situation, references to "you" include both you and the organization.

TRMS360 is intended for adults engaged in business, entrepreneurship, professional services, or related commercial activities.

You must be at least 18 years old and legally capable of entering into a binding agreement to create a TRMS360 account or purchase a TRMS360 membership or service.

If you provide information concerning a company, employee, contractor, customer, vendor, partner, or other third party, you are responsible for having the authority or other lawful basis necessary to provide and use that information.

TRMS360 is a guided business-growth and implementation system built around the B.U.I.L.D. Method.

Depending on your membership, purchase, eligibility, and available features, the TRMS360 System may include:

• The TRMS360 Business Growth Checkup
• B.U.I.L.D. assessments
• Business profiles and progress information
• Recommendations and Next Best Actions
• Momentum Engines
• AI Mentors
• Resource Center materials
• Worksheets, guides, templates, calculators, articles, courses, and other resources
• Progress tracking
• Business metrics and evidence
• Community access
• GoHighLevel technology
• Automation and implementation tools
• Coaching
• Strategic guidance
• Implementation support
• Other technology, content, services, and member benefits

TRMS360 is designed to help users better understand their businesses, identify priorities, take focused action, and measure progress.

Features, resources, recommendations, access levels, and services may differ based on membership level and may change as the TRMS360 System evolves.

Some TRMS360 features require an account.

You agree to provide accurate and reasonably current account information and to update that information when appropriate.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Activities occurring through your account
• Using reasonable security practices
• Promptly notifying us if you believe your account has been compromised or used without authorization

You may not share account credentials in a manner that permits unauthorized persons to access member-only services.

We may require additional verification when reasonably necessary to protect accounts, users, or the TRMS360 System.

TRMS360 may offer multiple membership levels with different features, resources, technology, implementation support, AI Mentor access, Momentum Engine access, coaching, or other benefits.

Current membership levels may include Essential, Scale, and Elite.

Access to a particular feature does not mean that feature will necessarily be assigned or recommended to every member.

TRMS360 may personalize recommendations based on information available about a member's business, assessment results, goals, progress, membership level, and other relevant context.

Certain services may require additional setup, onboarding, scheduling, information, participation, or third-party accounts before they can be delivered.

Your right to access membership features is personal to you or the purchasing organization and may not be resold, transferred, sublicensed, or shared except with our written permission.

Prices, billing periods, setup fees, payment schedules, renewal terms, cancellation terms, refund terms, and other purchase conditions applicable to a TRMS360 product or membership will be presented at the time of purchase or in applicable Purchase Terms & Conditions.

You agree to pay all fees that you authorize.

If a membership is recurring, you authorize applicable recurring charges according to the terms disclosed at purchase until the membership is cancelled or otherwise terminated in accordance with the applicable purchase terms.

Failure to make required payments may result in suspension or termination of access.

Specific financial terms governing a purchase may be contained in separate Purchase Terms & Conditions. If there is a conflict between these general Terms of Use and specific Purchase Terms & Conditions concerning payment, billing, cancellation, refunds, or a particular purchase, the specific Purchase Terms & Conditions control for that purchase.

TRMS360 may provide, integrate with, recommend, configure, or facilitate access to third-party products and services.

These may include services for:

• CRM
• Lead management
• Sales pipelines
• Email
• SMS
• Funnels
• Websites
• Scheduling
• Automations
• Payment processing
• Hosting
• Authentication
• Artificial intelligence
• Analytics
• Communications
• Other business technology

TRMS360 memberships may include access to or support involving GoHighLevel.

Third-party products and services are operated by their respective providers and may be subject to separate terms, privacy policies, acceptable-use policies, fees, limitations, availability, and technical requirements.

TRMS360 does not control third-party services and cannot guarantee their continuous availability, performance, security, features, pricing, or continued integration with TRMS360.

Your use of third-party services may require you to accept agreements directly with those providers.

TRMS360 assessments, including the Business Growth Checkup and B.U.I.L.D. Assessment, are tools designed to help identify business conditions, strengths, information gaps, priorities, and potential opportunities for improvement.

Assessment results depend substantially on the information provided by the user.

Results, scores, categories, recommendations, and Next Best Actions are informational and directional tools. They are not audits, certifications, appraisals, formal valuations, guarantees, or professional opinions.

A result may change as additional information becomes available or as your business changes.

Information from a Business Growth Checkup or other assessment may be carried forward into the TRMS360 System to reduce unnecessary repetition and provide continuity where permitted by our Privacy Policy.

TRMS360 may use artificial intelligence and automated systems to provide analysis, recommendations, content, guidance, summaries, suggestions, or other assistance.

AI Mentors may use relevant information from your TRMS360 account and business context to provide more personalized guidance.

Artificial intelligence can produce inaccurate, incomplete, outdated, unexpected, or inappropriate output.

You are responsible for reviewing AI-generated information before relying on it or using it in your business.

AI output is not a substitute for your own judgment or for advice from an appropriately qualified professional.

TRMS360 may permit authorized members of its team to review, supplement, modify, or override automated recommendations where appropriate.

You may not use TRMS360 AI features to generate or facilitate unlawful, fraudulent, abusive, infringing, harmful, or unauthorized activity.

TRMS360 relies on information you provide about yourself and your business.

You are responsible for the accuracy, completeness, appropriateness, and lawful submission of that information.

TRMS360 may distinguish between information:

• Reported by you
• Calculated from information you provide
• Supported by evidence
• Verified through available documentation
• Unknown or requiring verification

TRMS360 is not responsible for decisions or recommendations affected by inaccurate, incomplete, outdated, or misleading information provided by a user.

You remain responsible for your business decisions, actions, implementation, employees, contractors, customers, finances, taxes, legal obligations, technology, marketing, operations, and other business activities.

TRMS360 is designed to support business improvement, implementation, growth, scalability, owner independence, and enterprise-value development.

However, business results depend on many factors outside TRMS360's control.

We do not guarantee:

• Revenue
• Profit
• Cash flow
• Business growth
• Customer acquisition
• Leads or sales
• Referral volume
• Business valuation
• Enterprise value
• Owner independence
• Reduced working hours
• Investment returns
• Financing
• A sale of your business
• Achievement of any particular business milestone
• Achievement of $1 million or any other level of annual revenue
• Results within any particular period

Statements about building toward a $1 million or greater business, increasing enterprise value, improving profitability, reducing owner dependency, or achieving other business objectives describe goals and intended outcomes of the TRMS360 methodology. They are not promises or guarantees of individual results.

Your results depend on factors including your starting position, market, business model, financial condition, decisions, effort, implementation, team, customers, competition, economic conditions, and other circumstances.

TRMS360 provides business education, tools, technology, implementation support, coaching, AI-assisted guidance, and strategic information.

Unless expressly stated otherwise in a separate written engagement with a properly qualified professional, TRMS360 does not provide:

• Legal advice
• Tax advice
• Accounting or audit services
• Investment advice
• Securities advice
• Medical advice
• Mental-health advice
• Formal business appraisal
• Certified business valuation
• Fiduciary services
• Other regulated professional services

Information concerning finances, enterprise value, legal issues, taxes, contracts, employment, investments, or other specialized matters should be reviewed with an appropriately qualified professional when professional advice is needed.

The TRMS360 System and its original content, methodologies, organization, branding, designs, software, assessments, scoring structures, workflows, Momentum Engines, AI Mentor configurations, resources, training materials, templates, graphics, text, videos, tools, and other materials are owned by or licensed to TRMS360 and are protected by applicable intellectual-property laws.

This includes TRMS360's original implementation of the B.U.I.L.D. Method and related materials.

Subject to these Terms and your applicable membership or purchase, TRMS360 grants you a limited, non-exclusive, non-transferable, revocable right to access and use applicable materials for your own internal personal or business purposes.

Unless we give written permission, you may not:

• Copy or reproduce substantial portions of TRMS360 materials for redistribution
• Sell or sublicense TRMS360 materials
• Publish member-only materials publicly
• Create competing training, assessment, coaching, software, or membership products by substantially copying TRMS360 materials
• Remove proprietary notices
• Share restricted resources with unauthorized persons
• Scrape, harvest, systematically download, or extract TRMS360 content or data
• Reverse engineer protected software except where applicable law expressly permits it
• Use TRMS360 content to train or develop an AI model, dataset, or competing automated service without written authorization

Nothing in these Terms transfers ownership of TRMS360 intellectual property to you.

You retain ownership of original information, materials, documents, business content, and other content that you submit to TRMS360, subject to any rights belonging to others.

You grant TRMS360 a limited right to host, store, process, reproduce, analyze, transmit, display, and otherwise use submitted content as reasonably necessary to:

• Operate the TRMS360 System
• Provide requested services
• Generate assessments and recommendations
• Provide AI Mentor functionality
• Track progress
• Provide implementation support
• Maintain records
• Secure and improve the service

This permission lasts for as long as reasonably necessary to provide the services and meet legitimate retention obligations described in our Privacy Policy.

You represent that you have the rights and authority necessary to submit content you provide.

You agree not to misuse the TRMS360 System.

You may not:

• Violate applicable law
• Use TRMS360 for fraud, deception, harassment, threats, or abuse
• Attempt unauthorized access to accounts, systems, databases, or networks
• Circumvent access controls or membership restrictions
• Interfere with security or service operation
• Introduce malware or malicious code
• Scrape or systematically extract restricted content or data
• Use another person's credentials without authorization
• Impersonate another person or organization
• Submit content you do not have the right to provide
• Infringe intellectual-property, privacy, confidentiality, or other rights
• Use TRMS360 to send unlawful spam or prohibited communications
• Use the service in a manner that materially harms TRMS360, other users, or third parties

We may investigate suspected misuse and take reasonable steps to protect the service and its users.

TRMS360 may provide community spaces or other opportunities for members to communicate and collaborate.

Members are responsible for their own statements, advice, offers, interactions, and conduct.

Participation in the community does not create an employment, partnership, agency, joint venture, fiduciary, or professional-adviser relationship between members or between a member and TRMS360.

You agree to interact respectfully and not use community features for harassment, unlawful activity, unauthorized solicitation, deceptive conduct, infringement, or misuse of another person's confidential information.

TRMS360 may moderate, restrict, or remove community content or access when reasonably necessary to enforce these Terms or protect participants.

TRMS360 does not endorse or guarantee statements, advice, products, services, referrals, collaborations, or business opportunities offered by other members.

By providing contact information to TRMS360, you agree that we may send communications reasonably necessary to administer your account, purchases, membership, security, appointments, support, and requested services.

Marketing communications are subject to applicable law and your communication preferences.

You may unsubscribe from marketing emails using the unsubscribe mechanism provided in those messages.

Opting out of marketing communications does not prevent us from sending transactional or service-related communications necessary for your account or requested services.

TRMS360 is an evolving system.

We may add, modify, replace, reorganize, suspend, or discontinue features, resources, integrations, AI Mentors, Momentum Engines, content, technology, or other parts of the TRMS360 System.

We may also update features to improve security, reliability, functionality, user experience, or alignment with the TRMS360 methodology.

We do not guarantee that every feature, integration, resource, AI Mentor, third-party service, or item of content will remain available indefinitely.

Where a change materially affects a paid service or membership, we will provide notice when required by applicable law or applicable purchase terms.

We may suspend or terminate access to all or part of the TRMS360 System when reasonably necessary because of:

• Nonpayment
• Fraud or suspected fraud
• Security risks
• Material violation of these Terms
• Misuse of the service
• Unauthorized sharing of access
• Infringement of rights
• Unlawful conduct
• Conduct that materially harms TRMS360 or other users
• Legal or regulatory requirements

Where reasonable under the circumstances, we may provide notice or an opportunity to address a problem before termination.

You may stop using TRMS360 at any time.

Cancellation of a paid membership and any financial consequences of cancellation are governed by the applicable Purchase Terms & Conditions.

Termination does not automatically eliminate obligations or rights that by their nature should survive termination, including payment obligations, intellectual-property protections, disclaimers, limitations of liability, indemnification, and dispute provisions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRMS360 SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TRMS360 does not warrant that:

• The service will always be uninterrupted or error-free
• Every feature will always be available
• Information or recommendations will always be complete or accurate
• AI-generated output will always be correct
• Third-party services will remain available or unchanged
• The TRMS360 System will meet every user's particular requirements
• Defects will always be corrected immediately
• Use of TRMS360 will produce any particular business or financial result

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUCCHESI & ASSOCIATES, LLC, TRMS360, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE TRMS360 SYSTEM.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, CUSTOMERS, OR ANTICIPATED SAVINGS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF LUCCHESI & ASSOCIATES, LLC AND TRMS360 FOR CLAIMS ARISING OUT OF OR RELATING TO THE TRMS360 SYSTEM WILL NOT EXCEED THE AMOUNT YOU PAID DIRECTLY TO TRMS360 FOR THE APPLICABLE SERVICE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If you have not paid TRMS360 for the applicable service, the aggregate liability will not exceed $100.

These limitations apply regardless of the theory of liability, to the extent permitted by applicable law.

Some jurisdictions do not allow certain limitations or exclusions, so some of these provisions may not apply to you.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Lucchesi & Associates, LLC, TRMS360, and their owners, officers, employees, contractors, and agents from claims, liabilities, damages, losses, and reasonable costs arising from or relating to:

• Your unlawful or unauthorized use of the TRMS360 System
• Your material violation of these Terms
• Content or information you submit without appropriate rights or authority
• Your infringement or violation of another person's rights
• Your business activities, products, services, communications, or decisions
• Your misuse of third-party services made available through or in connection with TRMS360

This obligation does not apply to the extent a claim results from conduct for which applicable law does not permit indemnification.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Before filing a lawsuit concerning a dispute arising from these Terms or the TRMS360 System, you and TRMS360 agree to make a good-faith effort to resolve the dispute informally.

A party seeking informal resolution should provide written notice describing the dispute and requested resolution.

Notices to TRMS360 may be sent to:

nancy@trms360.com

The parties will have at least 30 days after receipt of the dispute notice to attempt an informal resolution before initiating litigation, unless immediate legal action is reasonably necessary to preserve rights, seek emergency relief, or comply with a limitations period.

Unless applicable law requires otherwise, legal proceedings arising out of these Terms or the TRMS360 System will be brought in an appropriate state or federal court located in Florida, and the parties consent to the jurisdiction of those courts.

Nothing in this section prevents either party from seeking appropriate injunctive or equitable relief where legally available.

We may update these Terms as the TRMS360 System, our services, technology, business practices, or legal requirements change.

When we update these Terms, we will revise the "Last Updated" date.

If a change materially affects existing users, we will provide additional notice when required by applicable law.

Your continued use of the TRMS360 System after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

Questions concerning these Terms may be directed to:

TRMS360
Operated by Lucchesi & Associates, LLC
Email: nancy@trms360.com