Besides the Chem Dry agreement, what other terms and conditions might apply to a franchisee's use of the service?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
This Software License Agreement ("Agreement") applies to the online software service(s) made available by Chem-Dry, Inc. ("CDI") or its vendors (such software and related services being referred to herein as the "Service"). The Service features and capabilities may vary depending on the version or level of the Service provided under this Agreement. As used in this Agreement, the terms "you", "your" or "user" all refer to the Franchisee under the Franchise Agreement ("Franchise Agreement") which may be entering into concurrently with the Agreement. You and CDI agree as follows:
- Permitted Uses. Subject to the terms and conditions of the Agreement, CDI or its vendors will provide the Service for you to use for the purpose of managing your business data. You will be required to read and agree to be bound by the Agreement. Use of the Service requires access to the World Wide Web. You agree to provide all equipment necessary to make such connection to the World Wide Web.
20. Limitation of Liability.
- (a) CDI AND ITS VENDORS, OFFICERS, AGENTS OR EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF CDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, CONTENT AND/OR ANY INFORMATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- (b) CDI WILL NOT BE LIABLE FOR ANY (i) INTERRUPTION OF BUSINESS, (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE; (iii) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (iv) EVENTS BEYOND CDI'S REASONABLE CONTROL.
- (c) IN NO EVENT WILL CDI'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO CDI FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
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- General. Except for, and subject to, the Franchise Agreement in effect between you and CDI, this Agreement constitutes the entire agreement between you and CDI with respect to the Service and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliated or other CDI services, third-party content or third-party software. Any dispute arising under or in connection with this Agreement will be resolved in accordance with the dispute resolution provisions (including any provisions regarding arbitration, governing law, and/or consent to jurisdiction) contained in the Franchise Agreement. This Agreement does not limit any rights that CDI may have under trade secret, copyright, patent,
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Chem-Dry's 2024 Franchise Disclosure Document, a Software License Agreement applies to the online software service(s) made available by Chem-Dry, Inc. This agreement covers the software and related services, which are used for managing business data. The features and capabilities of the service may vary based on the version or level provided under the agreement.
As a Chem-Dry franchisee, you are required to read and agree to be bound by this Software License Agreement. Access to the World Wide Web is necessary to use the service, and you are responsible for providing all the equipment needed to connect to the internet. This agreement outlines the terms and conditions for using the software provided by Chem-Dry or its vendors.
The Software License Agreement also includes a limitation of liability clause. Chem-Dry and its vendors are not liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, content, or other intangible losses, even if Chem-Dry has been advised of the possibility of such damages. This limitation covers issues such as the inability to use the service, the cost of substitute goods and services, unauthorized access to transmissions or content, statements or conduct of third parties, and any other matter relating to the service. Chem-Dry will also not be liable for any interruption of business, access delays, content non-delivery, or events beyond its reasonable control. In any event, Chem-Dry's maximum aggregate liability will not exceed the total amount paid by the franchisee for the service during the twelve months immediately preceding the event giving rise to liability.
This Software License Agreement, along with the Franchise Agreement, constitutes the entire agreement between the franchisee and Chem-Dry with respect to the service. Franchisees may also be subject to additional terms and conditions when using affiliated or other Chem-Dry services, third-party content, or third-party software. Any disputes arising under this agreement will be resolved in accordance with the dispute resolution provisions contained in the Franchise Agreement. The agreement does not limit any rights that Chem-Dry may have under trade secret, copyright, or patent law.