Welcome to Daebaki.com. Daebaki.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 Daebaki website, including any content, functionality and services offered on or through www.Daebaki.com (the “Site”).

 

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, 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 13 years of age or older. If you are under 13 you may not use this Site or the Daebaki 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.

These readings are for entertainment only. Daebaki does not evaluate or guarantee the accuracy or success of any answers, advice or services given through the Site. The site and the services provided by Daebaki.com are provided ‘as is’ with no warranty. Daebaki.com expressly disclaims any warranty, regarding the site and all services, including any implied warranty of merchant fitness for a particular purpose or for failure of performance. Daebaki.com does not warrant that the services provided by Daebaki.com or the site of the verification that services will be free from bias, defects, errors, eavesdropping or listening. Daebaki.com shall not be responsible for the quality of information or the authentication of the services or details given by experts on the site. By using this site you accept the terms and conditions of this Disclaimer. You agree that any use you make of such answers, advice or services is at your own risk and that Daebaki.com is not responsible for any damages or losses resulting from your reliance on such answers or advice. By submitting a question here, you understand and expressly agree that Daebaki.com is not responsible for any reply or information that you do or do not receive, and you expressly agree to hold Daebaki.com harmless from any loss, harm, injury, or damage whatsoever resulting from or arising out of your submission of the question or your use of or reliance on any response thereto.

 

Contact the site if you have any questions.

 

Key Terms

Mjobs are services offered on Daebaki.

Sellers are users who offer and perform services through mjob on Daebaki.

Buyers are users who purchase services on Daebaki.

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

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 Mjob Page.

Order Page is where buyers and sellers communicate with each other in connection with an ordered Mjob.

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

Revenue is the money sellers earn from completed orders.

Mjob Extras are additional services offered on top of the Seller’s Mjob for an additional price defined by the Seller.

Mjob Multiples are additional quantities of unique orders from the sellers Mjob

 

Overview

 

  • Prices of Mjobs on Daebaki are set by the Seller
  • Only registered users may buy and sell on Daebaki. Registration is free.
  • Buyers pay Daebaki in advance to create an order.
  • Orders are purchased through the Order button found on a seller’s Mjob 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.
  • Users may not offer or accept payments using any method other than placing an order through Daebaki.com.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Mjob page.
  • Daebaki retains the right to use all published delivered works for Daebaki 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

  • Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
  • Daebaki accredits sellers once an order is completed.
  • 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.
  • Withdrawals from your account may become disabled upon review of our Trust & Safety team. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from buyers to our Customer Support team, or if another Daebaki profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by our Trust & Safety team following a review of your account.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
  • Sellers may withdraw their revenues using one of stated in this document
  • The seller’s rating is calculated based on the order reviews posted by buyers.

Mjobs®

  • Mjobs may be removed by Daebaki 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 Mjobs
    • Spam, Nonsense, or Violent Mjobs
    • Mjobs misleading to buyers, including violations of third party terms of service
    • Reselling of regulated goods
  • Mjobs that are removed for violations mentioned above, may result in the removal of the seller’s account.
  • Mjobs that are removed for violations are not eligible to be restored or edited.
  • Mjobs may be removed from our Search feature due to poor performance and/or user misconduct.
  • URLs in your Mjob text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Daebaki.
  • Mjobs are required to have an appropriate Mjob image related to the service offered. An option to upload two additional Mjob images are available to all sellers.
  • Statements on the Mjob Page that undermine or circumvent these Terms of Service is prohibited.

 

Levels

Top Rated Sellers

  • Top Rated Sellers are chosen manually by Daebaki editors based on seniority, volume of sales, extremely high rating, exceptional customer care 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 Daebaki 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 ratings, stop delivering on time, or violate our Terms of Service risk losing their Top Rated status and the benefits that come with it.

Custom Offer

  • 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.

Withdrawing Revenues

  • Daebaki currently only works with Paypal. To withdraw your revenue, you must have an account with Paypal.
  • Your Daebaki profile can be associated with only one account. A withdrawal provider account can be associated with only one Daebaki profile.
  • 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 change vary depending on the changes made by paypal
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

 

Withdrawal Fees

PROVIDER FEE SERVICE AVAILABILITY
PayPal 2% of the sum withdrawal 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. These are not fees charged by Daebaki.

 

BUYERS

Basics

  • You may not offer sellers to pay, or make payment using any method other than through the Daebaki.com (www.online.daebaki.com) site.
  • Daebaki retains the right to use all published delivered works for Daebaki marketing and promotional purposes.
  • Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on Daebaki must be an allowed service on Daebaki.

 

Purchasing

  • Buyers pay Daebaki to create an order from a seller’s Mjob page, through 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
  • Mjobs may be purchased using a PayPal and Daebaki 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. Funds returned to your balance from cancelled orders will not include processing fees paid.
  • You may not offer sellers to pay, or make payment using any method other than through the Daebaki.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support 
  • 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 buyers on the Site or transferring payments to 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.

ORDERS

Basics

  • 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 Mjob.
  • 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, users can contact Daebaki’s customer support department for assistance here.

Handling Orders

  • When a buyer orders a Mjob, 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 Mjobs. 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.
  • 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. Daebaki 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 Mjob 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 Daebaki’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 Daebaki platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Daebaki 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 Mjob 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 sellers’ Live Portfolio on their Mjob 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 Mjob’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 (or 14 days for Mjobs with shipping). If no response is provided within the response period, the order will be considered completed.
  • Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.

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 Daebaki’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. 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 of a dispute, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter by working it out with the seller or if not possible contact customer support for a resolution.
  • 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 Daebaki 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 Mjob page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
  • Daebaki reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

Refunds

  • Daebaki does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on Daebaki. 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 be refunded along with your deposit.

USER CONDUCT

Daebaki enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Daebaki reflect the diversity of an expanding Mjob economy. Members of the Daebaki community communicate and engage through orders, social media, and on Daebaki’s Community Forums.

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

Basics

  • To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Daebaki in order to circumvent or abuse the Daebaki messaging system or Daebaki platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
  • Daebaki 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.
  • Daebaki does not provide protection for users who interact outside of the Daebaki platform or that are actively violating our Terms of Service.
  • All information and file exchanges must be performed exclusively on Daebaki’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 – Daebaki does not allow any exchange of adult oriented or pornographic materials and services.

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

Intellectual Property Claims – Daebaki 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 Daebaki 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 Daebaki community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Daebaki’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 Daebaki. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Daebaki accounts.

General Terms

  • Daebaki 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 Daebaki’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Daebaki.
  • 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 45 days, from the day of the last cleared payment received in their account and subject to Daebaki’s approval.
  • Disputes should be handled using Daebaki’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Daebaki Customer Support.
  • Daebaki may make changes to its Terms of Service from time to time. When these changes are made, Daebaki will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Daebaki after the date on which the Terms of Service have changed, Daebaki 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 Daebaki by our users (Buyers and Sellers) is User Generated Content. Daebaki 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, Daebaki is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Mjobs, 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 Mjobs® 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 Daebaki. Sellers advertising their Mjob 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 Mjob 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.

Automatic Translation

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 Daebaki website 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.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the sellers Mjob 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 Mjob 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 Mjobs (including for custom created work) charge additional payments (through Mjob Extras) for a Commercial Use License. This means that if you purchase the Mjob 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 Mjob 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 Daebaki, including Mjob texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Daebaki for no consideration for marketing and/or other purposes.

Commercial Use License

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 Daebaki’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 Daebaki 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 DAEBAKI NOR ANY PERSON ASSOCIATED WITH DAEBAKI 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 DAEBAKI, 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.