Last update: March 2018

Welcome to Broxer.com. Broxer.com is a freelance marketplace and online services’ buying/selling platform.

The following terms and conditions (these “Terms of Service”) govern your access to and use of the Broxer website, including any content, functionality, and services offered on or through www.broxer.com (the “Site”), by Broxer Technologies Pvt Ltd (India) as applicable.

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 herein.

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

Our Customer Support team is available 24/7 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.

 

Overview

  • Only registered users may buy and sell on Broxer. Registration is free.
  • Jobs on Broxer may be offered at a base starting price of ₹250. Some Jobs are offered at a base price of more than ₹250 as determined by the seller.
  • Buyers pay Broxer in advance to create an order.
  • Orders are purchased through the Order button found on a seller’s Job page or through a Custom Offer.
  • For fees and payments please read the purchasing section here.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Canceling orders will affect sellers’ reputation and status.
  • Users may not offer or accept payments using any method other than placing an order through Broxer.com.
  • Broxer retains the right to use all published delivered works for Broxer 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 and incorporated herein by reference.

Sellers

Basics

  • Sellers create Jobs on Broxer to allow buyers to purchase their services.
  • Sellers may also offer Custom Offers to buyers in addition to their Jobs.
  • Each order you sell and successfully complete accredits your account with a net revenue of 98% of the purchase amount.
  • Broxer accredits sellers once an order is completed.
  • If an order is canceled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
  • Sellers may withdraw their revenues using one of the withdrawal options in your profile.
  • The seller’s rating is calculated based on the order reviews posted by buyers.
  • For security concerns, Broxer 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 Broxer accounts to a single withdrawal provider.

Jobs

  • Jobs created on Broxer are User Generated Content.
  • Jobs may be removed by Broxer 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 found.
    • Adult-oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Jobs
    • Spam, Nonsense, or Violent Jobs
    • Jobs misleading to buyers
    • Reselling of regulated goods
    • Services that extend beyond 30 days of service duration
  • Jobs that are removed for violations mentioned above, may result in the suspension of the seller’s account.
  • Jobs that are removed for violations are not eligible to be restored or edited.
  • Jobs may be removed from our Search feature due to poor performance and/or user misconduct.
  • Jobs may include pre-approved website URLs contained within the Job description and requirements box. Jobs containing websites promoting content, which violates Broxer’s Terms of Service, will be removed.
  • Jobs are required to have an appropriate Job image related to the service offered. An option to upload up to 4 additional Job images are available to all sellers.
  • Jobs may contain an approved Job Video hosted on YouTube or similar video hosting platform.
  • Statements on the Job Page that undermine or circumvent these Terms of Service is prohibited.
  • Eligible Jobs and sellers may price their Jobs at a base price beyond ₹250. Any Base prices greater than ₹250 can be set for your jobs.
  • Eligible Jobs in select Categories may set up Job Packages to offer their services in structured formats with multiple price points for the selected Job.

Job Extras

  • Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.
  • Job Extras may be removed for violations of our Terms of Service. For specific terms, please see the Job section above for a list of services that violate our Terms of Service. Jobs are subject to be removed due to violations found in Job Extras.
  • Any number of Job Extras can be added to a job.
  • Services offered through Job Extras must be related to the base service and part of the deliverables on the order.
  • Job Extras may cover different categories of services that are components of a higher quality delivered service.
  • Sellers have the option to extend the duration of an order for each Job Extra that is added to the order. This is to cover the time needed to complete the extra service.

Seller Features

Broxer sellers have access to several exclusive features that help customize the way their services can be offered.

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.
  • Services provided through Custom Offers may not violate Broxer’s Terms of Service.

Shipping Physical Deliverables

Some of the services on Broxer are delivered physically (arts and crafts, collectible items, etc.). For these types of Jobs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

  • Jobs that include shipping costs must have physical deliverables sent to Buyers.
  • Shipping costs added to a Job only pertains to the cost sellers require to ship physical items to Buyers.
  • Important: Buyers who purchase Jobs 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.
  • Broxer 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 on the order page when delivering your work.

Withdrawing Revenues

  • To withdraw your revenue, you must have an account with at least one of Broxer’s withdrawal methods.
  • Your Broxer profile can be associated with only one account from each Broxer withdrawal methods. A withdrawal provider account can be associated with only one Broxer 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.
  • Desired amount of available amount will be sent without any fee. If the payment transfer method/platform charges any fee for transferring that money, you will have to pay that fee.
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Buyers

Basics

  • You may not offer direct payments to sellers using payment systems outside of the Broxer Order system..
  • Broxer retains the right to use all publically published delivered works for Broxer marketing and promotional purposes.
  • Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on Broxer must be an allowed service on Broxer.

Purchasing

  • Buyers pay Broxer to create an order from a seller’s Job page or Custom Offer, using the Order Now button.
  • In addition, buyers can request a Custom Order which addresses specific buyer requirements and receives a Custom Offer from sellers through the site or through Broxer Anywhere.
  • Jobs may be purchased using one of the following payment methods: Bank Transfer, Credit Card, PayPal, PayUMoney or Available Credit
  • For now, we don’t charge any processing fee and only transactional charges are added to Job order. A processing fee may be added in future if needed.
  • You may not offer sellers to pay or make payment using any method other than through the Broxer.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • 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.

Taxes

Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Job price shown on the Job page.

Orders

Basics

  • Once payment is confirmed, your order will be created and given a unique order number/ID.
  • 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 Job.
  • 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 the 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 Broxer’s Customer Support department for assistance here.

Handling Orders

  • When a buyer orders a Job, 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 Jobs. 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. Broxer 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 Job page or they do not match 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 Broxer’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 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 Broxer platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Broxer 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 Job 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 Job 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 Jobs’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 Jobs with shipping). If no response is provided within the response period, the order will be considered completed.
  • Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
  • Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

User Conduct And Protection

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

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

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

Basics

  • To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Broxer in order to circumvent or abuse the Broxer messaging system or Broxer platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
  • Broxer does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you on the order page.
  • Broxer does not provide protection for users who interact outside of the Broxer platform.
  • All information and file exchanges must be performed exclusively on Broxer’s platform.
  • Rude, abusive, improper language or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • The Broxer 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.

Orders

  • Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by the review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or canceling orders that do not align with Order Cancellation or Feedback policies.
  • Broxer 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, Broxer will return parts or full revenue back to sellers.

Jobs

  • Users may report Jobs to Customer Support that may be in violation of Broxer’s Terms of Service based on the reported Job’s replicated similarity to pre-existing services (copycat Jobs).
  • Broxer will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by 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 losing seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

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

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

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

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

General Terms

  • Broxer reserves the right to put any account on hold or permanently disable accounts due to the breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
  • Violation of Broxer’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Broxer.
  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users have the option to enable account Security features to protect their account from any unauthorized usage.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Broxer’s approval.
  • Disputes should be handled using Broxer’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Broxer Customer Support.
  • Broxer may make changes to its Terms of Service from time to time. When these changes are made, Broxer will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Broxer after the date on which the Terms of Service have changed, Broxer 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 Broxer by our users (Buyers and Sellers) is User Generated Content. Broxer 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, Broxer is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Jobs, 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 Jobs 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 Broxer. Sellers advertising their Job 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 Job and may lead to the suspension of seller’s account.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller’s Job 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 Indian Copyright Act. In the event, the delivered work does not meet the requirements of work-for-hire or when Indian 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 the buyer shall be subject to full payment for the Job and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom created work (such as artwork, 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 Jobs (including for custom created work) charge additional payments (through Job Extras) for a Commercial Use License. This means that if you purchase the Job 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 Job Extra and will have broader rights that cover your business use.

For Voice Over Jobs, when the work is delivered, and subject to payment, the buyer is purchasing basic rights, (which means the buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television, and internet commercial spots). If you intend to use the VoiceOver to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Job Extra. If you intend to use the VoiceOver in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Job Extra. For further information on the type of buy-outs, please read below.

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 Broxer, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Broxer for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Job, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television, and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the VoiceOver for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business-related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Broxer’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 Broxer 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.

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 a product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Broxer’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 Broxer 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 BROXER NOR ANY PERSON ASSOCIATED WITH BROXER 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 BROXER, 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.