Is Chem Dry liable for events beyond their reasonable control that impact the service?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
ERVICE; (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.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem-Dry's 2024 Franchise Disclosure Document, Chem-Dry is not liable for events beyond its reasonable control that impact its service. Specifically, the agreement states that Chem-Dry will not be held responsible for interruptions of business, access delays or interruptions to the website, content non-delivery, corruption, destruction, or other modifications, or any events beyond Chem-Dry's reasonable control.
This limitation of liability is further clarified by stating that 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. This protection extends to issues arising from the use or inability to use the service, the cost of procuring 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.
However, there is a limit to this protection. Chem-Dry's maximum aggregate liability will not exceed the total amount paid by the user to Chem-Dry for the service during the twelve months immediately preceding the event giving rise to liability. This clause also acknowledges that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, and in such states, Chem-Dry's liability is limited to the extent permitted by law. This means that the specific legal environment in which the franchise operates can affect the extent of this liability limitation.