Does the limitation on damages for Brightstar Care apply to third-party internet sites?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software except for claims covered by Section 19. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental
damages.
This limitation applies to
- anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
- · repair, replacement or a refund for the software does not fully compensate you for any losses; or
- Microsoft knew or should have known about the possibility of the damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the limitation on damages extends to various aspects, including third-party internet sites. Specifically, franchisees can only recover direct damages up to the amount paid for the software, with exceptions for claims covered in another section.
This limitation explicitly applies to anything related to the software, services, or content, including code, found on third-party internet sites or within third-party programs. It also covers claims related to breach of contract, warranty, strict liability, negligence, or other torts, as permitted by law. This means that Brightstar Care franchisees are restricted in the types and amounts of damages they can recover from Microsoft and its suppliers, even if losses are not fully compensated by repair, replacement, or refund, or if Microsoft was aware of potential damages.
However, the FDD also notes that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply universally to all Brightstar Care franchisees. Franchisees should consult with legal counsel to understand how these limitations and exclusions apply in their specific jurisdiction.