What warranties does Caring Transitions disclaim regarding the Caring Transitions website?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- FRANCHISOR MAKES NO REPRESENTATIONS ABOUT FRANCHISOR'S WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE'S SUITABILITY, RELIABILITY, OR AVAILABILITY. FRANCHISOR PROVIDES THE WEBSITE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRANCHISOR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FRANCHISOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING POTENTIAL CONSUMER TRANSACTIONS OR LEADS THAT MAY BE GENERATED FROM YOUR USE OF THE WEBSITE.
-
- YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE IS TO DISCONTINUE USING THE WEBSITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL FRANCHISOR BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR THE WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH THE WEBSITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRANCHISOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL FRANCHISOR BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH THE WEBSITE.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to the 2025 FDD, Caring Transitions makes no representations about its website's suitability, reliability, or availability. The website is provided "as is" without any warranty. To the extent permitted by law, Caring Transitions disclaims all warranties and conditions regarding the website. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties arising from the course of dealing or trade customs.
This disclaimer means that franchisees cannot hold Caring Transitions liable if the website is not suitable for their needs, is unreliable, or becomes unavailable. Franchisees bear the risk of any issues arising from the website's performance. The disclaimer extends to potential consumer transactions or leads generated from the website's use, meaning Caring Transitions does not guarantee any specific level of success or customer engagement through the site.
The franchisee's sole recourse for dissatisfaction with the website is to stop using it. Caring Transitions will not be liable for any damages, whether direct, indirect, or consequential, arising from the use or performance of the website. This includes damages for loss of use, data, or profits. This limitation of liability applies regardless of whether Caring Transitions was aware of the possibility of such damages. The disclaimer also covers information provided on the website, including techniques or procedures discussed therein.
These terms are typical in franchise agreements, where franchisors often limit their liability regarding technology and online platforms. Prospective Caring Transitions franchisees should carefully consider this disclaimer and understand that they are assuming the risk related to the website's functionality and performance. It would be prudent to inquire about the website's historical uptime, performance metrics, and any known issues before investing in the franchise.