Welcome to Nohandles.com. Nohandles.com is a social media 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 No Handles website, including any content, functionality and services offered on or through www.nohandles.com (the “Site”)
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. 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.
Package are services offered on No Handles.
Sellers are users who offer and perform services through Packages on No Handles.
Buyers are users who purchase services on No Handles.
Package Page is where the seller can describe their Package and the Package terms, and the buyer can purchase the Package and create an order.
Package Extras are additional services offered on top of the Seller’s Package for an additional price defined by the Seller.
Package Multiples are additional quantities of unique orders from the seller’s Package.
Packages allow sellers to offer services in different formats and prices. Packages can include upgrades, which lets sellers price their service for a basic price of over $10.
Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.
Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.
Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Package page.
Order Page is where buyers and sellers communicate with each other in connection with an ordered Package.
Disputes are disagreements experienced during an order between a buyer and seller on Packages.
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 Packages.
Shopping Balance is shopping credit collected from cancelled orders or No Handles promotions to be used for purchasing Packages.
- Only registered users may buy and sell on No Handles. Registration is free.
- Packages on No Handles may be offered at a base starting price of $1.
- Buyers pay No Handles in advance to create an order.
- Orders are purchased through the Order button found on a seller’s Package page or through a Custom Offer.
- 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 Nohandles.com.
- Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Package page.
- No Handles retains the right to use all published delivered works for No Handles marketing and promotion purposes.
- Sellers create Packages on Nohandles.com to allow buyers to purchase their services.
- Sellers may also offer Custom Offers to buyers in addition to their Package.
- Each order you sell and successfully complete, accredits your account with a net revenue of 85% of the purchase amount.
- No Handles pays sellers after 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 dashboard following a safety clearance period of 14 days after the order is marked as complete.
- Sellers may not promote their Packages or any No Handles content via the AdWords platform.
- The seller’s rating is calculated based on the order reviews posted by buyers.
- For security concerns, No Handles 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 No Handles accounts to a single withdrawal provider.
- Sellers are allowed to post any amount of active Packages.
- Packages created on No Handles are User Generated Content.
- Packages may be removed by No Handles 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 reported through our Intellectual Property Claims Policy.
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Packages
- Spam, Nonsense, or Violent Packages
- Packages misleading to buyers
- Reselling of regulated goods
- Services that extend beyond 6 months of service duration
- Packages that are removed for violations mentioned above, may result in the suspension of the seller’s account.
- Packages that are removed for violations are not eligible to be restored or edited.
- Packages may be removed from our Search feature due to poor performance and/or user misconduct.
- Packages may include pre-approved website URLs contained within the Package description and requirements box. Packages containing websites promoting content, which violates No Handle’s Terms of Service, will be removed.
- Packages are required to have an appropriate Package image related to the service offered. An option to upload a couple additional Package images are available to all sellers.
- Packages contain an approved Package Video uploaded through the management tools available on No Handles.
- Statements on the Package Page that undermine or circumvent these Terms of Service is prohibited.
- Extras are additional services offered on top of the Seller’s Package for an additional price defined by the Seller.
- Extras may be removed for violations of our Terms of Service. For specific terms, please see the Packages section above for a list of services that violate our Terms of Service. Packages are subject to be removed due to violations found in Extras.
- Services offered as Extras must be related to the base service and part of the deliverables on the order.
- Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an order for each Extra that is added to the order. This is to cover the time needed to complete the extra service.
No Handle’s sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a buyer.
- Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services pro video through Custom Offers may not violate No Handle’s Terms of Service.
- To withdraw your revenue, you must have an account with Paypal.
- 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.
- To withdraw your 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.
- You may not offer direct payments to sellers using payment systems outside of the No Handles’s Order system.
- No Handles retains the right to use all publicly published delivered works for No Handles marketing and promotional purposes.
- Buyers pay No Handles to create an order from a seller’s Package page or Custom Offer, using the Order Now button.
- In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site.
- Packages may be purchased using one of the following payment methods: Credit Card or 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.
- 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 nohandles.com site. In case you have been asked to use an alternative payment method, please report it immediately.
- Once payment is confirmed, your order will be created and given a unique order number.
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Package.
- Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and 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 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 after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact No Handle’s Customer Support.
- When a buyer orders a Package, 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 Packages. 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. No Handles 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.
- Buyers may use the “Request Revisions” 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 Package page or they do not match the requirements sent to the seller at the beginning of the order process.
- Feedback reviews provided by buyers while completing an order are an essential part of No Handles’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 No Handles platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the No Handles 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 Package 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 Package 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 Packages 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 fails or if you encounter non-permitted usage on the Site, users can contact No Handles’s Customer Support.
- Order cancellations can be performed on No Handles, when eligible, by Customer Support.
- 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.
- No Handles 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 Package 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 Package 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.
- No Handles encourages Buyers and Sellers to resolve service disputes mutually.
- Eligibility for requests to No Handles 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 No Handles 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 Package page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
- Buyers must use good judgment 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 No Handles.
- Any non-permitted usage of No Handles 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 No Handles’s Terms of Service.
- No Handles 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 No Handles)
- 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 No Handles 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 No Handles 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.
- 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.
- 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.
- No Handles 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.
- Active orders (after the buyer submits their requirements and before the seller delivers on No Handles)
- No Handles 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 No Handles. 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
No Handles maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of No Handles. This section relates to the expected conduct users should adhere to while interacting with each other on nohandles.com.
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 No Handles in order to circumvent or abuse the No Handles messaging system or No Handles platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- No Handles does not provide any guarantee of the level of service offered to buyers.
- No Handles does not provide protection for users who interact outside of the No Handles platform.
- All information and file exchanges must be performed exclusively on the nohandles.com 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 No Handles 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 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.
- No Handles 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, No Handles will return parts or full revenue back to sellers.
- Users may report Packages to Customer Support that may be in violation of No Handles’s Terms of Service based on the reported Package’s replicated similarity to pre-existing services.
- We 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 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.
Adult Services & Pornography – No Handles does not allow any exchange of pornographic materials and services.
Inappropriate Behavior & Language – Communication on No Handles should be friendly, constructive, and professional. No Handles condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals and a system to rate orders.
Phishing and Spam – No Handles 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 No Handles will not be protected by our Terms of Service.
Intellectual Property Claims – No Handles will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use No Handles 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 No Handles community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to No Handles’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 No Handles. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell No Handles accounts.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to No Handles by our users (Buyers and Sellers) is User Generated Content. No Handles 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, No Handles is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Packages, 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 Package 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 No Handles. Sellers advertising their Package 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 Package 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 and limitations: Unless clearly stated otherwise on the seller’s Package 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 Package 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, videos, etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Packages (including for custom created work) charge additional payments (through Extras) for a Commercial Use License. This means that if you purchase the Package 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 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 Nohandles.com, including Package texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Package for no consideration for marketing and/or other purposes.
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to No Handles’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor No Handles will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
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 NO HANDLES NOR ANY PERSON ASSOCIATED WITH NO HANDLES 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.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL NO HANDLES, 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.