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Epic Libs Privacy Policy

Epic Libs:  Privacy Policy

Last Update: March 2017

Epic Libs is a platform for services performed by its users.

The following terms and conditions (these “Terms of Service”), govern your access to and user of the Epic Libs website, including any content, functionality and services offered on of through (the “Site”).

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at this link, incorporated herein by reference. If you do not want to agree to these Terms of Service of the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Epic Libs services. By using this Site, you represent and warrant that you are or legal age to form a binding contact and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

If you have any questions regarding the Site Terms of Service. Our Customer Support team is available by email at the following link.

Key Terms

Service Providers are users who offer and perform services through Service Pages.

Buyers are users who purchase services on  Epic Libs.

Service Page where the seller can describe their Service and the Service’s terms, and the buyer can purchase the Service and create and order.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Service Page.

Disputes are disagreements experienced during an order between a buyer and seller on Epic Libs.

Revenue is the money sellers earn from completed orders.

Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase services.

Overview

Only registered users may buy and sell on Epic Libs. Registration is free.

Services on Epic Libs may be offered any base starting price offered by the Service Provider.

Buyers pay Epic Libs in advance to create the order.

Order are purchased through the Order button found on the Service Provider’s Service Page.

Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.

Users may not offer or accept payments using any method other than placing an order through Alchemist Express.com

Buyers are granted all rights for the delivered work, unless otherwise specified by the Service Provider

Alchemist Express retains the right to use all published delivered works for Alchemist Express marketing and promotion purposes.

Service Providers

Overview

Sellers create profiles on Epic Libs to allow buyers to purchase their services.

Each order you sell and successfully complete, accredits your account with a net revenue of 85%of the purchase amount.

If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s account.

For security concerns, Epic Libs may temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple Alchemist Express accounts to a single withdrawal provider.

Services (Jobs)

Services created on Epic Libs are User Generated Content.

Services may be removed by Fiver for violations to the Terms of Service, which may include (but are not limited to) to following violations and/or materials:

· Illegal or Fraudulent Service

· Copyright Infringement, Trademark Infringement, and violation or a third party’s terms of service.

· Adult oriented services, Pornographic, Inappropriate/Obscene.

· Intentional copies of Services.

· Spam, Nonsense, or Violent Services

· Services or profiles misleading to buyers.

· Reselling or regulated goods.

· Services that extend beyond 70 days or service duration.

Service and/or profiles that are removed for violations mentioned above, may result in the suspension of the seller’s account.

Services and/or profiles that are removed for violations are not eligible to be restored or edited.

Services and/or profiles may be removed from our Search feature due to poor performance and/or user misconduct.

Services and/or profiles may include pre-approved website URLs contained within the Service description and requirements box. Services containing websites promoting content, which violates Alchemist Express’ Terms of Service will be removed.

Statements on the Service description page or profile page that undermine or circumvent these Terms of Service is prohibited.

Service Provider (Seller) Support

Alchemist Express is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, it they deliver on time and maintain high quality and ratings, Alchemist Express may reward them with special opportunities, benefits and tools that come with it.

o Illegal or Fraudulent services

o Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here

o Adult oriented services, Pornographic, Inappropriate/Obscene

o Intentional copies of Gigs

o Spam, Nonsense, or Violent Gigs

Gigs may be removed by Alchemist Express for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

Top Rated Sellers

Top Rated Sellers are chosen manually by Alchemist Express editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.

Top Rated eligibility is constantly evaluated by Alchemist Express to ensure that the quality standards and expectations of the Top Rated selection is kept.

Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service risk losing their Top Rated status and the benefits that come with it.

Shipping Physical Deliverables

Many of the services on Alchemist Express are delivered physically (formulations for approval, samples, etc). For these types of Jobs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

· Services that include shipping costs must have physical deliverables sent to Buyers.

· Shipping costs added to a Service only pertain to the cost sellers require to ship physical items to Buyers.

· Important: Buyers who purchase Services that require physical delivery, will be asked to provide a shipping address.

· Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.

· Alchemist Express does not handle or guarantee shipping, tracking, quality, and condition or items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

Withdrawing Revenues

· To withdraw your revenue, you must have an account with at least one of Alchemist Express’ withdrawal methods. A withdrawal account provider can be associated with only one Alchemist Express profile.

· Your Alchemist Express profile can be associated with only one account from each Alchemist Express withdrawal methods. A withdrawal provider account can be associated with only one Alchemist Express profile.

· To withdraw you available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.

· Withdrawals can only be made in the amount available to you.

· Withdrawal fees vary depending on the withdrawal method.

· Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Buyers

Basics

· You may not offer direct payments to sellers using payment systems outside of the Alchemist Express order system.

· Alchemist Express retains the right to use all publically published delivered works for Alchemist Express marketing and promotional purposes.

· Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on Alchemist Express must be an allowed service on Alchemist Express.

Purchasing

· Buyers pay Alchemist Express to create an order from a seller’s profile page, using the Order Now button.

· Services may be purchased using one of the following payment methods: Credit Card, PayPal

· Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees.

· You may not offer sellers to pay, or make payment using any method other than through the AlchemistExpress.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support using our customer support from here.

· To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor.

Orders

Basics

· Once payment is confirmed, your order will be created and given a unique Alchemist Express order number.

· Seller / Service Providers must deliver completed file and/or proof or work using the Deliver Work button.

· Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation or that order after review, result in a warning to seller.

· An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and not request or modification was submitted within 3 days after marked as Delivered.

· An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.

· We encouraged our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using Customer Support or if you encounter non-permitted usage on the Site, users can contact Alchemist Express support department using the following link.

Handling Orders

· When a buyer order from a seller’s profile page, the seller is notified by email as well as notifications on the site while logged into the account.

· Sellers are required to meet the delivery time specified when creating their Services. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.

· Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order Page) to mark the order as Delivered.

· Users are responsible for scanning all transferred files for viruses and malware. Alchemist Express will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

· A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.

Reviews

· Feedback reviews provided by buyers while completing an order are an essential part of Alchemist Express’ rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.

· Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.

· To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Alchemist Express platform from users within our community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Alchemist Express platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

· Feedback comments given by buyers are publicly displayed on a seller’s profile page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.

· Withholding the delivery of services, files or information required to complete the Service with the intent to gain favorable reviews or additional services is prohibited.

· Responding and posting a review. Once work is delivered, the buyer has three days to respond and post a review (or 14 days for Orders with shipping). If no response is provided within the response period, the order will be considered completed.

· Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.

· Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

Disputes and Cancellations

We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Alchemist Express’ Customer Support department using the following form here.

Basics

· Order cancellations can be performed on Alchemist Express, when eligible, by Customer Support or through the Resolution Center per order.

· Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

· In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.

· Alchemist Express reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

· All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Service and the delivery may not be used if payment is cancelled for any reason.

· If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.

· Revisions to deliveries can be performed by sellers based on the seller’s Service and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.

· Requests for revisions can be performed through the Order page while the order is marked as Delivered.

· Requesting to gain more services from sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

· Alchemist Express encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.

· Eligibility for requests to Alchemist Express to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Alchemist Express delivery system. See below for Order specific eligibility.

· Completed orders may be cancelled, upon review of our Customer Support team, up to 14 days after the order is marked as complete.

· Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Service page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.

· Buyers must use Alchemist Express Resolution Center to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of Alchemist Express.

· Any non-permitted usage of Alchemist Express encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Alchemist Express’s Terms of Service.

· Alchemist Express Customer Support will cancel orders based on, but not limited to, the following reasons:

· Active orders (after the buyer submits their requirements and before the seller delivers on Alchemist Express)

· The seller is late and unresponsive for more than 24 hours while the order is marked as Late.

· Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.

· Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.

· The user is no longer an active Alchemist Express user due to Terms of Service violations or closure of their account.

· Delivered Orders (after the seller clicks Deliver Now and before the order is marked as complete)

· The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.

· Note: Multiple reported offenses will result in permanent suspension of your account.

· The seller delivers no files and/or proof of work related to the agreed upon order requirements.

· Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.

· The seller requests additional payments, on or off the Alchemist Express platform, by withholding the final delivery of services directly related to the agreed requirements.

· The seller is withholding the final delivery of services for improved ratings.

· Buyers who abuse the Request Revisions button to gain more services from sellers beyond the agreed requirements.

· Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.

· Completed Orders (after the order is marked as complete and before the 14 day limitation)

· Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

· Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.

· Note: Terms of Commercial use is found on the seller’s Gig page and cannot be retroactively included once the order is completed for over 14 days.

· Alchemist Express Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

· Alchemist Express does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer's balance as credit and are available for future purchases on Alchemist Express. Funds returned to your balance from cancelled orders will not include processing fees paid.

· Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.

USER CONDUCT AND PROTECTION

Alchemist Express enables people around the world to create, share, sell and purchase nearly any formulation and/or consulting services at an unbeatable value. Services offered on Alchemist Express reflect the diversity of an expanding Beauty, Personal Care and Nutraceutical economy. Members of the Alchemist Express community communicate and engage through orders, social media, and on Alchemist Express’s Community Forums. Alchemist Express maintains a friendly, community spirited, and professional environment. Users should keep to that spirited, and professional environment. Users should keep to that spirit while participating in any environment. Users should keep to that spirit while participating in any activity or extensions of Alchemist Express. This section relates to the expected conduct users should adhere to while interacting with each other on Alchemist Express.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team at the link here.

Basics

· To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Alchemist Express in order to circumvent or abuse the Alchemist Express messaging system or Alchemist Express platform is not permitted.

· Any necessary exchange of personal information required to continue a service may be exchanged within the order page.

· Alchemist Express does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page.

· Alchemist Express does not provide protection for users who interact outside of the Alchemist Express platform.

· All information and file exchanges must be performed exclusively on Alchemist Express' platform.

· Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

Orders

· Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.

· Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

· Alchemist Express reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, Alchemist Express will return parts or full revenue back to sellers.

Profile Offerings

· Users may report Services to Customer Support that may be in violation of Alchemist Express’s Terms of Service based on the reported Services’ replicated similarity to pre-existing services (copycat Services).

· Alchemist Express will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by out Trust & Safety team. To protect individual privacy, the results of the investigation are not shared.

 

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled on the severity of the violation.

 

Non-Permitted Usage

Adult Services & Language – Alchemist Express does not allow any exchange of adult oriented or pornographic materials and services.

 

Inappropriate Behavior & Language – Communication on Alchemist Express should be friendly, constructive, and professional. Alchemist Express condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders and to engage on larger platforms.

Phishing and Spam – Alchemist Express takes the matter of its member’s security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our member’s privacy by not contacting them for commercial purposes without their consent.

 

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange or personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Alchemist Express will not be protected by out Terms of Service.

 

Fraud / Unlawful Use – You may not use Alchemist Express for any unlawful purposes or to conduct illegal activities.

 

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Alchemist Express community will be disabled. Mass account creation may result in a disabling of all related accounts. Note: any violation to Alchemist Express’ Terms of Service is cause for permanent suspension of all accounts.

 

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Alchemist Express. This includes creating new multiple accounts to harass members through our message or ordering system.

 

Selling Accounts – You may not buy or sell Alchemist Express accounts.

 

General Terms

· Alchemist Express reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.

· Violation of Alchemist Express’ Terms of Service may get your account disabled permanently.

· Users with disabled accounts will not be able to sell or buy on Alchemist Express.

· Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

· Users have the option to enable account Security features to protect their account from any unauthorized usage.

· Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

· Disputes should be handles using Alchemist Express Customer Support.

· Alchemist Express may make changes to its Terms of Service from time to time. When these changes are made, Alchemist Express will make a new copy of the terms of service available on this page.

· You understand and agree that if you use Alchemist Express after the date on which the Terms of Service have changed, Alchemist Express will treat your use as acceptance of the updated Terms of Service.

 

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Alchemist Express by our users (Buyers and Sellers) is User Generated Content. Alchemist Express does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

 

Furthermore, Alchemist Express is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, or community and common sense in choosing appropriate profile offerings.

 

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Alchemist Express. Sellers advertising their services online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service and may lead to the suspension of seller’s account.

 

Ownership

Ownership and limitation: Unless clearly stated otherwise on the seller’s profile page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Service and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation, etc), the delivered work shall be the exclusive property of buyer, and seller assigns al rights, title and interest in the delivered work. This means that if you purchase the Service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License.

 

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

 

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Alchemist Express, including Service texts, photos, videos, usernames, user photos, user videos, and any other information, including the display of delivered work, may be used by Alchemist Express for no consideration for marketing and/or other purposes.

 

 

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALCHEMIST EXPRESS NOR ANY PESON ASSOCIATED WITH ALCHEMIST EXPRESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

 

Limitation on Liability

IN NO EVENT WILL ALCHEMIST EXPRESS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYERS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.