To what extent does Remax limit its liability regarding the use or inability to use MAX/CENTER, its applications, or content?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
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 limits its liability regarding the use or inability to use MAX/CENTER, its applications, or content. Remax provides MAX/CENTER on an "AS IS" and "AS AVAILABLE" basis, disclaiming all warranties, whether express or implied. This means Remax does not guarantee the completeness, security, reliability, quality, accuracy, or availability of MAX/CENTER.
Specifically, Remax does not warrant that MAX/CENTER will operate uninterrupted or meet a franchisee's specific requirements or needs. To the fullest extent provided by law, Remax disclaims all warranties, including those of merchantability, non-infringement, and fitness for a particular purpose. Remax also disclaims responsibility for the content, materials, accuracy, and quality of information provided through MAX/CENTER.
Furthermore, Remax states that, to the fullest extent provided by law, neither Remax nor its related parties will be liable for any damages arising from the use or inability to use MAX/CENTER, its applications, or its content. This includes direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, emotional distress, loss of revenue, loss of data, and other losses, even if foreseeable. However, these disclaimers and limitations do not affect any liabilities that cannot be excluded or limited under applicable law.