What warranty does Epcon Communities provide regarding the accuracy of the databases on the Epcon Communities Intranet?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, Epcon Communities offers no warranty regarding the accuracy of the databases available on its intranet. The intranet, databases, and website are provided "AS IS" and "AS AVAILABLE" for the franchisee's convenience. It is the franchisee's responsibility to evaluate the accuracy, completeness, and usefulness of any information found within these resources. This means that franchisees cannot hold Epcon Communities liable for any errors or omissions in the databases.
Epcon Communities explicitly states that it makes no warranty regarding database accuracy or the absence of errors and omissions. This disclaimer extends to all opinions, advice, services, or other information contained within the databases and the website. Franchisees must therefore independently verify the information they obtain from these sources before making business decisions based on it. This is a common practice in franchising, where franchisors often provide resources without guaranteeing their absolute accuracy.
Furthermore, Epcon Communities will not be liable for any damages related to the Epcon Communities Intranet service, including interruptions, suspensions, or termination of the service. This exclusion of liability covers all types of damages, whether direct, indirect, special, incidental, punitive, or consequential, and applies under any legal theory. The franchisee's sole remedy for any breach of the agreement by Epcon Communities is to terminate the agreement. This highlights the importance of franchisees exercising due diligence and not relying solely on the intranet for critical business information.