What implied warranties does Remax specifically disclaim regarding the software?
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.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, Remax disclaims all warranties regarding its software. Specifically, Remax provides MAX/Center on an "AS IS" and "AS AVAILABLE" basis, without any warranties, either express or implied. This means Remax does not guarantee the software's completeness, security, reliability, quality, accuracy, or availability.
Remax explicitly states that it 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, whether express, implied, statutory, or otherwise, including warranties of merchantability, non-infringement, and fitness for a particular purpose. This comprehensive disclaimer extends to the content, materials, accuracy of information, and quality of information provided through MAX/Center.
Similar disclaimers apply to Remax's "the Platform" and "the Site", with Remax disclaiming 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. Remax 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 the Platform and the Site.
Prospective franchisees should be aware that these disclaimers significantly limit Remax's liability and provide no guarantee of the software's performance or suitability for their business needs. However, the disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.