Besides the limited warranty, what other warranties does Remax disclaim regarding the software and documentation?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
ologies or providing You with opportunities to do the same. Member represents and warrants with respect to the Listing Content for each of Your Office Listings that the Listing Content, and the license of rights in and to the Listing Content to Us, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party. You represent and warrant that all information included in the Listing Content is accurate and not misleading, to the best of Your and Your Sales Associates' knowledge, after reasonable efforts to verify its accuracy. You agree to indemnify and hold Us and Our vendors and service providers harmless against all damages, costs, and liabilities, including reasonable attorney fees, arising from any claim that the Listing Content or any portion of the Listing Content is false or misleading or infringes the rights of any third party.
Disclaimer of Warranties
YOUR USE OF MAX/CENTER AND ITS CONTENT IS AT YOUR OWN RISK. MAX/CENTER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RE/MAX NOR ANY PERSON ASSOCIATED WITH RE/MAX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF MAX/CENTER. WITHOUT LIMITING THE FOREGOING, NEITHER RE/MAX NOR ANYONE ASSOCIATED WITH RE/MAX REPRESENTS OR WARRANTS THAT MAX/CENTER WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, RE/MAX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. RE/MAX ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH MAX/CENTER.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RE/MAX, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES TO MAX/CENTER BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MAX/CENTER, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON MAX/CENTER OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, Remax disclaims all warranties of any kind regarding MAX/Center, the Platform, and the Site. This includes express, implied, statutory, or other warranties. Specifically, Remax does not offer warranties of merchantability, non-infringement, or fitness for a particular purpose. Remax also disclaims responsibility for the content, materials, accuracy of information, and quality of information provided through MAX/Center, the Platform, and the Site.
For a Remax franchisee, this means that the software, platform, and website provided by Remax are used at their own risk. Remax does not guarantee that these tools will be error-free, secure, reliable, or meet specific needs. The franchisee cannot hold Remax liable for any issues arising from the use of these resources, such as inaccuracies or interruptions.
This disclaimer is common in franchise agreements. However, it's important to note that these disclaimers do not affect warranties that cannot be excluded or limited under applicable law. A prospective franchisee should consult with a legal professional to understand the full implications of these disclaimers and their rights under local laws.