What warranties does Caring Transitions disclaim regarding its website?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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.
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- 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 Caring Transitions's 2025 Franchise Disclosure Document, Caring Transitions makes no guarantees about its website. Specifically, Caring Transitions does not represent that the website is suitable, reliable, or available. The website is provided "as is" without any warranty.
To the maximum extent allowed by law, Caring Transitions disclaims all warranties and conditions regarding the website. This includes implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. It also includes any warranties that might arise from the course of dealing or customs in the trade.
If a franchisee is dissatisfied with any part of the website, their only recourse is to stop using it. Caring Transitions will not be liable for any damages, whether direct, indirect, or consequential, that result from the use or performance of the website. This includes damages for loss of use, data, or profits, even if Caring Transitions was aware that such damages were possible. Caring Transitions is also not liable for any damages related to information provided on the website, including the use of techniques or procedures discussed there.