What is the definition of 'loss of use' for which Acumera is not liable to Dq Treat?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- No Indirect Damages.
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, COSTS ASSOCIATED WITH INTEGRATION, INTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- 18.3.
THE LIMITATIONS IN THIS SECTION 18 DO NOT APPLY TO EITHER PARTY'S LIABILITY FOR ITS (OR ITS RESPECTIVE AGENT'S AND/OR SUBCONTRACTOR'S) GROSS NEGLIGENCE OR WILFULL MISCONDUCT, WILFUL FAILURE TO COMPLY WITH LAW, FRAUD.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, Acumera is not liable to Participating Locations for any "loss of use". The document specifies that in no event shall either party be liable to the other for any loss of use. This exclusion of liability extends to any third party as well.
This limitation of liability regarding "loss of use" is part of a broader exclusion of liability for several types of damages. Acumera is also not liable for lost profits, loss of data, costs associated with integration, interruption of business, costs of procurement of substitute goods or services, or for any indirect, special, incidental, punitive, or consequential damages. This broad protection applies regardless of the cause of the damages and whether the claim arises in contract, tort, or under any other legal theory. It applies even if the party has been advised of the possibility of such damages.
However, the limitations on liability do not apply in all circumstances. Acumera remains liable for its (or its agents' or subcontractors') gross negligence, willful misconduct, willful failure to comply with the law, or fraud. This means that Dq Treat franchisees retain some recourse against Acumera for direct and intentional wrongdoing.