Under what circumstances is Chem Dry not liable for interruption of business related to the service?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, Chem Dry will not be held liable for any interruption of business, access delays or interruptions to the Chem Dry site, content non-delivery, corruption, destruction, or modification, or for events beyond Chem Dry's reasonable control. This limitation of liability is part of the Software License Agreement that franchisees must agree to, as it governs the online software service provided by Chem Dry for managing business data.
This means that if a Chem Dry franchisee experiences a loss of business due to issues with the Chem Dry website, delays in accessing the site, or problems with content delivery, Chem Dry is not responsible for covering those losses. Similarly, if events outside of Chem Dry's control, such as natural disasters or widespread internet outages, cause business interruptions, Chem Dry is not liable.
However, Chem Dry does reserve the right to modify or discontinue the service with reasonable notice, and will provide reasonable content transition assistance in the event of discontinuance. While Chem Dry offers technical support and training assistance for the service, this support is limited to the most current version of the service, and franchisees are responsible for implementing any new releases or fixes issued by Chem Dry. Franchisees should be aware of these limitations and factor them into their business planning and risk assessment.