EveryCloud's Terms of Service
Welcome to marketplace.everycloudtech.com. marketplace.everycloudtech.com is a marketplace platform for services performed by its users.
The following terms and conditions (these "Terms of Service"), govern your access to and use of the EveryCloud website, including any content, functionality and services offered on or through marketplace.everycloudtech.com (the "Site"), by EveryCloud Technologies LLC. 111 North Market Street, Suite 300, San Jose, CA 95113, United States.
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 EveryCloud services. By using this Site, you represent and warrant that you are of legal age to form a binding contract 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.
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Services are services offered on EveryCloud.
Sellers are users who offer and perform services through Services on EveryCloud.
Buyers are users who purchase services on EveryCloud.
Service Page is where the seller can describe their Service and the Service’s terms, and the buyer can purchase the Service and create an order.
Service Multiples are additional quantities of unique orders from the seller’s Service.
Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Service Page.
Order Page is where buyers and sellers communicate with each other in connection with an ordered Service.
Disputes are disagreements experienced during an order between a buyer and seller on EveryCloud.
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.
Shopping Balance is shopping credit collected from cancelled orders or EveryCloud promotions to be used for purchasing Services.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on EveryCloud. Registration is free.
- Services on EveryCloud may be offered at a base starting price of $20. Some Services are offered at a base price of more than $20 as determined by the seller.
- Buyers pay EveryCloud in advance to create an order.
- Orders are purchased through the Order button found on a seller’s Service page or through a Custom Offer.
- For fees and payments please read the purchasing section.
- 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.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits
- Users may not offer or accept payments using any method other than placing an order through marketplace.everycloudtech.com.
- Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Service page. sections below for more information.
- EveryCloud retains the right to use all published delivered works for EveryCloud marketing and promotion purposes.
- Sellers create Services on EveryCloud to allow buyers to purchase their services.
- Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
- EveryCloud accredits sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
- Sellers may not promote their Services or any EveryCloud content via the AdWords platform.
- Sellers may withdraw their revenues using one of EveryCloud’s withdrawal options.
- The seller's rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).
- For security concerns, EveryCloud 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 EveryCloud accounts to a single withdrawal provider.
- Sellers are allowed to post a select amount of active Services based on their Level status.
- 7 Services for sellers without a Level status.
- 15 Services for Level 1 sellers.
- 20 Services for Level 2 sellers.
- 30 Services for Top Rated sellers.
- Services created on EveryCloud are User Generated Content.
- Services may be removed by EveryCloud for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service.
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Services
- Spam, Nonsense, or Violent Services
- Services misleading to buyers
- Reselling of regulated goods
- Services that are removed for violations mentioned above, may result in the suspension of the seller’s account.
- Services that are removed for violations are not eligible to be restored or edited.
- Services may be removed from our Search feature due to poor performance and/or user misconduct.
- Services may include pre-approved website URLs contained within the Service description and requirements box. Services containing websites promoting content, which violates EveryCloud’s Terms of Service, will be removed.
- Services are required to have an appropriate Service image related to the service offered. An option to upload two additional Service images are available to all sellers.
- Services may contain an approved Service Video uploaded through the Service management tools available on EveryCloud.
- Statements on the Service Page that undermine or circumvent these Terms of Service is prohibited.
EveryCloud 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, if they deliver on time and maintain high quality and ratings, EveryCloud may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- EveryCloud sellers can gain account Levels based on their activity, performance and reputation.
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a seller can achieve are; Top Rated.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and cancellations can cause a seller to move to a different Level.
- Advanced levels provide their owners with additional benefits.
Top Rated Sellers
- Top Rated Sellers are chosen manually by EveryCloud 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 EveryCloud to ensure that the quality standards and expectations of the Top Rated selection is kept. EveryCloud retains the right to change a Top Rated Seller status in light of such evaluation. In addition, 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, also risk losing their Top Rated status and the benefits that come with it.
METHOD FEE SERVICE AVAILABILITY
- You may not offer direct payments to sellers using payment systems outside of the EveryCloud Order system.
- EveryCloud retains the right to use all publically published delivered works for EveryCloud marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on EveryCloud must be an allowed service on EveryCloud.
- Buyers pay EveryCloud to create an order from a seller’s Service page or Custom Offer, using the Order button.
- Services may be purchased using one of the following payment methods: Credit Card, PayPal or EveryCloud Credit.
- 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. As of July 2016, the current fees assessed to the total purchase amount are $1 on purchases up to $20 and 5% on purchases above $20. When purchasing from your seller's balance (i.e. out of your earned revenues) or buyer's shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
- If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
- You may not offer sellers to pay, or make payment using any method other than through the Marketplace.everycloudtech.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency,
location and any applicable law, in addition to the Service price shown on the Service page.
- Once payment is confirmed, your order will be created and given a unique EveryCloud order number.
- Sellers must deliver completed files and/or proof of work) according to the service that was purchased and advertised on their Service.
- 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 encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails users can contact EveryCloud's Customer Support department for assistance here.
- When a buyer orders a Service, 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 they 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 on time.
- Users are responsible for scanning all transferred files for viruses and malware. EveryCloud 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.
- Feedback reviews provided by buyers while completing an order are an essential part of EveryCloud's 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 EveryCloud platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the EveryCloud 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 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.
- Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a seller's Live Portfolio on their Service page if the buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Service’s 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). 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 or if you encounter non-permitted usage on the Site, users can contact EveryCloud's Customer Support department for assistance here.
- Order cancellations can be performed on EveryCloud, 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.
- EveryCloud 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.
- EveryCloud encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to EveryCloud 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 EveryCloud delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) 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 EveryCloud 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 EveryCloud.
- Any non-permitted usage of EveryCloud 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 EveryCloud’s Terms of Service.
- EveryCloud 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 EveryCloud)
- 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 EveryCloud 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 EveryCloud 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 Service page and cannot be retroactively included once the order is completed for over 14 days.
- EveryCloud 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.
- EveryCloud 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 EveryCloud. 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
EveryCloud enables people around the world to create, share, sell and purchase IT services they need at an unbeatable value. Services offered on EveryCloud reflect the diversity of an expanding Service economy. Members of the EveryCloud community communicate and engage through orders, social media, and on EveryCloud’s Community Forums.
EveryCloud maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of EveryCloud. This section relates to the expected conduct users should adhere to while interacting with each other on EveryCloud.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- 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 EveryCloud in order to circumvent or abuse the EveryCloud messaging system or EveryCloud platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- EveryCloud 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.
- EveryCloud does not provide protection for users who interact outside of the EveryCloud platform.
- All information and file exchanges must be performed exclusively on EveryCloud's 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.
- The EveryCloud marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- 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.
- EveryCloud 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, EveryCloud will return parts or full revenue back to sellers.
- Users may report Services to Customer Support that may be in violation of EveryCloud’s Terms of Service based on the reported Service’s replicated similarity to pre-existing services (copycat Services).
- EveryCloud will respond to clear and complete notices of alleged copyright or trademark infringement.
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 based on the severity of the violation.
Adult Services & Pornography - EveryCloud does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on EveryCloud should be friendly, constructive, and professional. EveryCloud 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 such as our Community Forum and Social Media pages.
Phishing and Spam - EveryCloud takes the matter its members’ 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 members 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 of 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 EveryCloud will not be protected by our Terms of Service.
Intellectual Property Claims - EveryCloud will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use EveryCloud 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 EveryCloud community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to EveryCloud’s 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 EveryCloud. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell EveryCloud accounts.
- EveryCloud 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 EveryCloud's Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on EveryCloud.
- 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.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to EveryCloud's approval.
- EveryCloud may make changes to its Terms of Service from time to time. When these changes are made, EveryCloud will make a new copy of the terms of service available on this page.
- You understand and agree that if you use EveryCloud after the date on which the Terms of Service have changed, EveryCloud 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 EveryCloud by our users (Buyers and Sellers) is User Generated Content. EveryCloud 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, EveryCloud 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, our community and common sense in choosing appropriate Services service offers.
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 EveryCloud. Sellers advertising their Service 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.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the seller's Service 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 all rights, title and interest in the delivered work. Some Services (including for custom created work) charge additional payments for a Commercial Use License. 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. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Service Extra and will have broader rights that cover your business use.
Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to EveryCloud, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by EveryCloud 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 EVERYCLOUD NOR ANY PERSON ASSOCIATED WITH EVERYCLOUD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation on Liability
IN NO EVENT WILL EVERYCLOUD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, 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 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.