Terms of Use

Grass Roots Terms of Service  –

Last updated April 21, 2017

Acceptance of terms

Welcome to Grassrootsskillsfinder.com. Grassrootsskillsfinder.com is a marketplace platform for products and services performed by its users. We welcome reliable and professional members who want to generate revenue, expose their skills, provide a quality of service and develop the line of business they are in.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the GrasssRootsSkillsFinder.com  website, including any content, functionality and services offered on or through www.grassrootsskillsfinder.com (the “Site”), by Grass Roots Agency Inc.

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 here (http://www.grassrootsskillsfinder.com/Privacy) incorporated herein by reference. If you do not want to agree to these Terms of Service or 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 found on in the table of contents on this page.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the GrasssRootsSkillsFinder.com  services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company 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. You need to request assistance from your parents/guardians.

Our Customer Support team is available at support@grassrootsskillsfinder.com 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.

Key Terms

Skills are products and services offered on GrasssRootsSkillsFinder.com

Sellers are users who offer products and perform services on GrasssRootsSkillsFinder.com

Buyers are users who purchase products & services on GrasssRootsSkillsFinder.com

Members Both buyers and sellers are members and must register on GrasssRootsSkillsFinder.com

Skill Page is where the seller can describe their skills and the Skills’ terms, and the buyer can purchase the skill and create an order.

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

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

Revenue is the money sellers earn from completed orders.

Overview (Main terms, in a nutshell)

  • Skills on GrasssRootsSkillsFinder.com  are priced by the member who is selling his/her skills. Only registered users may buy and sell on GrasssRootsSkillsFinder.com . Registration is free.
  • Currently, Buyers pay GrasssRootsSkillsFinder.com  sellers through their personal arrangements.
  • Users who are not already members of GrasssRootsSkillsFinder.com , who want to access and purchase from a GrasssRootsSkillsFinder.com  seller will not be required to register with GrasssRootsSkillsFinder.com  to create an order.
  • For fees and payments for products and services by grassroots sellers, refer to the buyers’ information or send email from your private messages.  Sellers can upgrade their account statuses to (Level 2) for a nominal fee. The higher level provide their owners with more benefits, including being featured on the home page for a specified period and having the ability to upload more images and videos to advertise their services.
  • Sellers must fulfill their orders, and provide services in a timely and professional manner. Sellers may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
  • Users must contact seller through Grassrootsskillsfinder.com.
  • GrasssRootsSkillsFinder.com  retains the right to use all published delivered works for GrasssRootsSkillsFinder.com  marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here.  The Privacy Policy is a part of these Terms of Service.

Sellers

Basics

  • Sellers must be registered on GrasssRootsSkillsFinder.com
  • Services offered by Sellers through GrasssRootsSkillsFinder.com must comply with our Terms of Service
  • Communication for handling orders should be performed on GrasssRootsSkillsFinder.com through the private messages system.
  • Sellers are required to deliver proof of completion of services.
  • GrasssRootsSkillsFinder.com  sellers must advise grassroots by email after each product you sell, or service you deliver/successfully complete. You must send that information to feedback@grassrootsskillsfinder.com
  • Reported poor performance or violations to our Terms of Service from buyers to our Customer Support team, may result in suspension of that seller or if another GrasssRootsSkillsFinder.com  profile is associated to the same providers.
  • As a member of grassrootsskillsfinder.com. you agree to be an honest seller offering a high standard of service.   Our Trust & Safety team follows reviews of your service.

Skills

  • Skills created on GrasssRootsSkillsFinder.com  are User Generated Content.
  • Skills may be removed by GrasssRootsSkillsFinder.com  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
    • Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found here
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Skills
    • Spam, Nonsense, or Violent Skills
    • Skills misleading to buyers, including violations of third party terms of service
    • Selling or Reselling of regulated goods
  • Skills that are removed for violations mentioned above, may result in the removal of the seller’s account.
  • Skills that are removed for violations are not eligible to be restored or edited.
  • Skills may be removed from our Search feature due to poor performance and/or user misconduct.
  • URLs in your Skills text that redirect to third party websites are subject to approval and may be considered inappropriate to use on GrasssRootsSkillsFinder.com.
  • Skills are required to have an appropriate Skills image related to the service offered. An option to upload two additional Skills images are available to all sellers.
  • Skills may contain an approved Skills Video uploaded through the Skills management tools available on GrasssRootsSkillsFinder.com.
  • Statements on the Skills Page that undermine or circumvent these Terms of Service is prohibited.

Levels

GrasssRootsSkillsFinder.com  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 maintain high quality and get good reviews. GrasssRootsSkillsFinder.com  may reward them with new statuses, special opportunities, benefits, and tools that come with it.

  • GrasssRootsSkillsFinder.com  sellers can upgrade their account to a higher Level, giving them more benefits.
  • The current Levels available to a seller are, Level 1and Level 2.
  • Advancement in Levels are upgraded for a small cost using Paypal.
  • Level 2 offers more images and videos to promote your services for a small fee.
  • Sellers who cannot maintain their high quality service, experience severe negative reviews , 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 be suspended for a period.

Top Rated Sellers

Top Rated Sellers are chosen manually by GrasssRootsSkillsFinder.com  editors based on, volume of sales, extremely good reviews, exceptional customer care and community leadership. Top Rated Sellers gain access to more features than previous levels.   Top Rated eligibility is constantly evaluated by GrasssRootsSkillsFinder.com  to ensure that the quality standards of the Top Rated selection is kept. Top Rated Sellers who cannot maintain their high quality service through a severe drop in reviews, stop delivering on time, or violate our Terms of Service risk losing their Top Rated status and the benefits that come with it.

Payment Fees

Provider Fee Service Availability
PayPal 2% of the sum paid to Grassrootsskillsfinder.com  site for account upgrade; amount up to $1 For a list of PayPal services by country click here

Important notice regarding fees:

The fees listed above are PayPal’s or MasterCard’s fees. These are not fees charged by GrasssRootsSkillsFinder.com.

Buyers

Basics

  • Currently, you may offer sellers to pay, or make payment using method other than through the Grassrootsskillsfinder.com site, however, all prior contact must be through grassroosskillsfinder.com
  • An email to grassrootsagencyinc@gmail.com must be sent by buyers after the service is paid for.  This should provide feedback on the product or service. GrasssRootsSkillsFinder.com  retains the right to use all published delivered works for GrasssRootsSkillsFinder.com  marketing and promotional purposes.

Purchasing

  • Skills may be purchased by cash, using Paypal, Credit Card, as arranged between buyer and seller,not Grassroots.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from sellers on the Site.  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. Please see our Privacy Policy for more information here.

VAT

In Dominica, a 15% Value Added Tax (VAT) is added to goods and services.  Businesses with annual taxable supplies in excess of $120,000 are required to register for VAT. However, persons who supply accommodation in a hotel or similar establishment, persons engaged in the supply of commercial property for lease and persons rendering accounting, bookkeeping, legal, consulting, funeral, surveying, architectural or engineering services are required to register if their annual taxable supplies exceed $60,000.  For more information on VAT see: http://ird.gov.dm/f-a-q/35-vat.

Orders

Basics

  • Once a buyer’s order payment is confirmed after service is delivered,  both buyers and sellers should email details to grassrootsagencyinc@gmail.com
  • Sellers must deliver completed proof of work using the feedback email about the service that was purchased and advertised on their Skills.
  • 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 reviewed and no request for modification was submitted within 3 days after marked as Delivered.
  • In case of conflicts, we encourage our buyers and sellers to try and settle conflicts amongst themselves as speedily as possible If for any reason this fails, users can contact GrasssRootsSkillsFinder.com’s customer support department for assistance grassrootsagencyinc@gmail.com

Handling OrdersWhen a buyer orders a Skills, 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 Skills. 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 rating.
  • Users are responsible for scanning all transferred files for viruses and malware. GrasssRootsSkillsFinder.com  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 rating.
  • Buyers may use the “Request Modifications” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller’s description on their Skills page or the requirements sent to the seller at the beginning of the order process.

Reviews

  • Feedback reviews provided by buyers while completing an order are an essential part of GrasssRootsSkillsFinder.com ‘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.
  • Buyers are asked to send feedback to (grassrootsagencyinc@gmail.com when they have received and paid for the service.
  • Sellers also must send an email to grassrootsagencyinc@gmail.com with details when they have delivered the product or service.
  • Leaving a buyer’s feedback is an important aspect of the grassroots service.  Notsending Feedback reviews will a violations of our Terms of Service.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the GrasssRootsSkillsFinder.com  platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the GrasssRootsSkillsFinder.com  platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by buyers can be publicly displayed on  the site. Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a sellers’ Live Portfolio on their Skills 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 Skills’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 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.

Images

  • Grassrootsskillsfinder.com will not be liable for any copyright images used in a personal skills posting. Members must ensure that they have the relevant permission and are solely responsible for any images used.

Shipping

  • Some of the services on GrasssRootsSkillsFinder.com  are delivered physically (arts and crafts, collectable items, etc.). For these types of Skills, 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).
  • Important: Buyers who order Skills 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.
  • GrasssRootsSkillsFinder.com  does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  • A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

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 GrasssRootsSkillsFinder.com ‘s Customer Support department for assistance here.
  • Order cancellations (when eligible) can be performed by Customer Support only up to a period of 13 days from order completion date. We will not cancel orders after that time.
  • 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.
  • Eligibility 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 GrasssRootsSkillsFinder.com  delivery system.
  • 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 Skills page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
  • GrasssRootsSkillsFinder.com  reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

Refunds

  • GrasssRootsSkillsFinder.com  does not refund payments made for cancelled orders.These are handled by the3rd party provider: e.g. Payal.com 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 be refunded along with your deposit.

User Conduct

GrasssRootsSkillsFinder.com  enables people around the world to interact with and purchase services from individulas who create, share, sell nearly any service they need at an unbeatable value. Services offered on GrasssRootsSkillsFinder.com  reflect the diversity of an expanding Skills economy. Members of the GrasssRootsSkillsFinder.com  community communicate and engage through orders, social media, and on GrasssRootsSkillsFinder.com ’s Community Forums.

GrasssRootsSkillsFinder.com  maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of GrasssRootsSkillsFinder.com. This section relates to the expected conduct users should adhere to while interacting with each other on GrasssRootsSkillsFinder.com .

Basics

  • All communication must be through the grassroots email private messages system.  In order to manage the GrasssRootsSkillsFinder.com messaging system and GrasssRootsSkillsFinder.com  platform experience,  initial contact between buyers and sellers  must be on grassrootsskillsfinder.com.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the private messages page.
  • GrasssRootsSkillsFinder.com  does not provide any guarantee of the level of service offered to buyers. You may use the  grassrootsagencyinc@gmail.com if necessary.
  • GrasssRootsSkillsFinder.com  does not provide protection for users who interact outside of the GrasssRootsSkillsFinder.com  platform or that are actively violating our Terms of Service.
  • All information and file exchanges must be performed exclusively on GrasssRootsSkillsFinder.com ‘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.

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 our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

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 becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – GrasssRootsSkillsFinder.com  does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on GrasssRootsSkillsFinder.com  should be friendly, constructive, and professional. GrasssRootsSkillsFinder.com  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 – GrasssRootsSkillsFinder.com  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 GrasssRootsSkillsFinder.com  will not be protected by our Terms of Service.

Intellectual Property Claims – GrasssRootsSkillsFinder.com  will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use GrasssRootsSkillsFinder.com  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 GrasssRootsSkillsFinder.com  community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to GrasssRootsSkillsFinder.com ’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 GrasssRootsSkillsFinder.com . This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell GrasssRootsSkillsFinder.com  accounts.

General Terms

  • GrasssRootsSkillsFinder.com  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 GrasssRootsSkillsFinder.com ‘s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on GrasssRootsSkillsFinder.com .
  • 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 must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Disputes should be handled using GrasssRootsSkillsFinder.com ‘s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting GrasssRootsSkillsFinder.com  Customer Support.
  • GrasssRootsSkillsFinder.com  may make changes to its Terms of Service from time to time. When these changes are made, GrasssRootsSkillsFinder.com  will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use GrasssRootsSkillsFinder.com  after the date on which the Terms of Service have changed, GrasssRootsSkillsFinder.com  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 GrasssRootsSkillsFinder.com  by our users (Buyers and Sellers) is User Generated Content. GrasssRootsSkillsFinder.com  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, GrasssRootsSkillsFinder.com  is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Skills, 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 Skills® 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 offered on GrasssRootsSkillsFinder.com . Sellers advertising their Skills 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 Skills 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 – please see our Intellectual Property Claims Policy 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

Ownership and limitations: Unless clearly stated otherwise on the sellers Skills 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 Dominica Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when DOMINICA 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 Skills 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 Skills (including for custom created work) charge additional payments (through Skills Extras) for a Commercial Use License. This means that if you purchase the Skills 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 Skills Extra and will have broader rights that cover your business use.

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 GrasssRootsSkillsFinder.com , including Skills texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by GrasssRootsSkillsFinder.com  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 GRASSSROOTSSKILLSFINDER.COM  NOR ANY PERSON ASSOCIATED WITH GRASSSROOTSSKILLSFINDER.COM  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.

Limitation on Liability

IN NO EVENT WILL GRASSSROOTSSKILLSFINDER.COM , 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.