Does SPARK provide any warranty for the On-Line Services provided to Dickeys Barbecue Pit franchisees?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
- G.
DISCLAIMER OF WARRANTY.
ON-LINE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED).
CUSTOMER AGREES THAT ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, ACCURACY OR UNINTERRUPTED ACCESS.
CUSTOMER AGREES THAT ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, ACCURACY OR UNINTERRUPTED ACCESS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANYFAILURE OF PERFORMANCE, ERROR OR OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.
Source: Item 23 — RECEIPTS (FDD pages 96–388)
What This Means (2024 FDD)
According to Dickeys Barbecue Pit's 2024 Franchise Disclosure Document, SPARK does not provide any express or implied warranties for its On-Line Services. The FDD states that the On-Line Services are provided "AS IS" without any warranty. SPARK expressly disclaims all warranties, including but not limited to title, security, accuracy, non-infringement, availability, and uninterrupted access.
This disclaimer of warranty means that Dickeys Barbecue Pit franchisees bear the risk of any issues that may arise with the On-Line Services, including failures of performance, errors, omissions, interruptions, defects, or delays. Franchisees may not be able to hold SPARK liable for any expenses, damages, or injury caused by these issues, regardless of whether they arise from breach of contract, negligence, or any other cause of action.
Furthermore, SPARK is not responsible for any fees, expenses, costs, judgments, or awards incurred before they receive a claim notice from the franchisee. Franchisees are also responsible for the integration of the On-Line Services with their own software and computing environment, as well as for maintaining the security of their systems and data. Given these disclaimers and responsibilities, it is crucial for prospective Dickeys Barbecue Pit franchisees to understand the potential risks and costs associated with the On-Line Services and to consider obtaining their own insurance or other protections.