Does Closet Storage Concepts make any representations about the suitability of the Proprietary Computer Software?

ervices and merchandise but other standards for any System franchisee based upon the customs or circumstances of a particular site or location, density of population, business potential, population of trade area, existing business practices, or any condition which Franchisor deems to be of importance to the operation of that franchisee's business.

• 5.11.5 Franchisee shall obtain and at all times use the equipment, vehicles, software, fixtures and supplies as Franchisor specifies. Prior to opening the Franchised Business, Franchisee shall obtain the equipment, vehicles, software, décor, fixtures and supplies as Franchisor specifies. As any equipment, vehicle, software, fixture or any supplies become obsolete or inoperable, Franchisee shall replace the item with the types and kinds of equipment, vehicles, software, décor, fixtures and supplies then being used by new Closet & Storage Concepts System franchises at the time of replacement. If Franchisor determines that additional or substitute equipment, vehicles, software, décor, fixtures and supplies are needed because of a change in services or merchandise offered or method of providing products or services, Franchisee shall procure the new equipment, vehicles, software, décor, fixtures and supplies within a reasonable time.
• 5.11.6 Franchisee acknowledges that Franchisor reserves the right to develop proprietary software and/or a backroom computer system for use in connection with the Closet & Storage Concepts System. Franchisee shall acquire computer hardware equipment, computer software, telecommunications infrastructure products and credit card processing equipment and support services as Franchisor reasonably requires in connection with the operation of the Franchised Business and all additions, substitutions and upgrades Franchisor shall specify. Franchisee's computer system must be able to send and receive email and attachments on the Internet and provide access to the World Wide Web and otherwise support Franchisor's then-current information technology system. To the extent that a specific credit card processing services vendor is not designated for use, Franchisee must use a vendor that is compliant with the Payment Card Industry Data Security Standard (PCI DSS).
• 5.11.7 All services must be provided and all products and merchandise offered in accordance with the standards and specifications contained in the Operations Manual or otherwise.
• 5.11.8 Franchisor shall in no event be liable to Franchisee for unavailability of or delay in shipment or receipt of any products due to temporary product shortages or unavailabilities, order backlogs, production difficulties, delays in or unavailability of transportation, fire, strikes, work stoppages, or other causes beyond the reasonable control of Franchisor.
• 5.12 Pricing. Franchisor may exercise rights with respect to the pricing of products and services to the fullest extent permitted by then-applicable law.

Source: Item 22 — CONTRACTS (FDD page 59)