Is Caring Transitions liable for damages arising out of the use or performance of any website?

• (e) Franchisor makes no representations about any Web site that it may provide or make available to Franchisee, including, without limitation, the Web site's suitability, reliability, or availability.

To the full extent permissible by applicable law, Franchisor disclaims all warranties and conditions with regard to the Web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising by course of dealing or custom of trade.

Franchisor shall not be liable for any direct, indirect, compensatory, punitive, incidental, special, or consequential damages arising out of or related to the use or performance of any Web site.

• (f) In order to maintain the goodwill in the System and in the business of Franchisor and Franchisor's licensees, Franchisor has the right to impose conditions and standards requirements on Franchisee's use of electronic distribution channels, including any Caring Transitions Web site maintained by Franchisee, including the following:

• (i) Franchisor is to own all rights to all domain names containing any of the Marks or relating to the franchised business, any Permitted Products and Services, or any business that offers or sells products or services that compete with any products or services offered by Caring Transitions franchises.

Franchisee shall not register in its own name any domain name containing any of the Marks or relating to the franchised business, any Permitted Products and Services, or any business that offers or sells products or services that compete with any products or services offered by Caring Transitions franchises.

• (ii) In order to maintain the common identity of the System and the high-quality standards associated with the System, Franchisee shall obtain Franchisor's prior written approval for any domain name and for the form and content of any Caring Transitions Web site before Franchisee uses it on the Internet.

Unless Franchisor's prior written approval has been obtained, no element of the Marks or similar words may be used as part of the domain name or URL.

• (iii) Any Caring Transitions Web site established or maintained by Franchisee must contain a hyperlink to Franchisor's Web site and all other hyperlinks to third-party Web sites must be previously approved in writing by Franchisor.

• (iv) Any modifications to a Caring Transitions Web site established or maintained by Franchisee must first be approved in writing by Franchisor.

• (v) Before establishing a Caring Transitions Web site, Franchisee shall obtain appropriate legal advice regarding the content and to ensure that the Web site complies with all relevant legislation and regulations.

• (vi) Franchisee shall fully indemnify Franchisor against all and any claims arising out of any Web site established or maintained by Franchisee.

• (vii) Franchisee shall comply fully with the terms and conditions of business over the Internet and shall ensure that such terms and conditions of business receive Franchisor's prior written approval. "Terms and conditions of business over the Internet" include, by way of example, Franchisor's policies regarding the Buyer's Premium and its receipt of same.

A "Buyer's Premium" is a payment that may be required of customers for purchasing items through any Web site, including Franchisor's designated auction Web site www.CTBids.com. Franchisor reserves the right to set a maximum or minimum Buyer's Premium.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)