What is the limitation of liability for Epcon Communities regarding claims against the Franchisor?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Disclaimer of Warranty; Limitations of Liability and of Remedies.
The Epcon Communities Intranet, the Databases and Web Site are provided to you "AS IS" and "AS AVAILABLE" as a convenience for you in communicating with Epcon Communities.
EPCON COMMUNITIES MAKES NO WARRANTY REGARDING DATABASE ACCURACY OR THE ABSENCE OF ANY ERRORS AND OMISSIONS, AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES OR OTHER INFORMATION CONTAINED IN THE DATABASES AND THE WEB SITE.
IN NO EVENT WILL EPCON COMMUNITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATING IN ANY WAY TO THE EPCON COMMUNITIES INTRANET SERVICE OR FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS LIABILITY EXCLUSION APPLIES TO ALL DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL AND UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT, EQUITY OR AT LAW, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, AND EVEN IF EPCON COMMUNITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIABILITY EXCLUSION INCLUDES, WITHOUT LIMITATION, ANY AND ALL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE EPCON COMMUNITIES INTRANET SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE EPCON COMMUNITIES INTRANET SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY EPCON COMMUNITIES SHALL BE TO TERMINATE THIS AGREEMENT.
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- Additional Disclaimers.
Additional disclaimers may be contained on the Web Site and in the Databases.
Epcon Communities does not warrant that the functions of the Epcon Communities Intranet will meet any specific requirement you may have or that it will be error-free or your use will be uninterrupted.
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- Indemnity.
You agree to defend, indemnify and hold Epcon Communities and its affiliates, and its and their directors, employees and agents harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees related to or arising from a breach by you of any of the terms of Sections 11 and/or 12 of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, Epcon Communities provides the Epcon Communities Intranet, Databases, and Web Site "AS IS" and "AS AVAILABLE" and makes no warranty regarding database accuracy or the absence of errors and omissions. It is the franchisee's responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, or other information contained within these resources. Epcon Communities will not be liable for any damages related to the Intranet service or from interruption, suspension, or termination of the service.
This exclusion of liability applies to all damages, whether direct, indirect, special, incidental, punitive, exemplary, or consequential, under any legal theory, including contract, tort, or equity. This includes damages for loss of profits, use, data, or other intangible losses, even if Epcon Communities has been advised of the possibility of such damages. It also includes damages resulting from the use or inability to use the Intranet service, the cost of procuring substitute goods and services, or unauthorized access to or alteration of transmissions or data.
The franchisee's sole and exclusive remedy for any breach of the agreement by Epcon Communities is to terminate the agreement. Epcon Communities does not warrant that the functions of the Epcon Communities Intranet will meet any specific requirements or be error-free or uninterrupted. Additional disclaimers may be present on the Web Site and in the Databases.
For prospective franchisees, this means that using the Epcon Communities Intranet, Databases, and Web Site involves accepting the risk of inaccuracies, errors, and service interruptions. If these resources are critical to their business operations, franchisees should consider the potential impact of these limitations and disclaimers. The franchisee also agrees to defend, indemnify, and hold Epcon Communities harmless from any liabilities, costs, and expenses, including attorney's fees, related to a breach of terms within sections 11 and/or 12 of the agreement.