Is Chem Dry liable for damages resulting from unauthorized access to or alteration of a franchisee's transmissions or content?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, Chem Dry and its vendors, officers, agents, or employees will not be liable for any indirect, incidental, special, consequential, or exemplary damages. This includes 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.
Specifically, Chem Dry is not liable for damages resulting from the use or inability to use the service, content, or any information; the cost of substitute goods and services; unauthorized access to or alteration of transmissions or content; statements or conduct of any third party on the service; or any other matter relating to the service.
The document also states that Chem Dry will not be liable for any interruption of business, access delays or interruptions, content non-delivery, mis-delivery, corruption, destruction or other modification, or events beyond Chem Dry's reasonable control. In any event, Chem Dry's maximum aggregate liability will not exceed the total amount paid by the franchisee to Chem Dry for the service during the twelve months immediately preceding the event giving rise to liability. However, this limitation may vary depending on state laws regarding the exclusion or limitation of liability for consequential or incidental damages.