Terms of Service

Last edited July 19, 2022

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, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, SWRolodex Payment Terms, and our Privacy Policy. 

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 18 years of age or older. If you are under 18 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. 

Support is available if you have any questions regarding the Site or Terms of Service.  

Key Terms 

Buyers (also referred to as “customers”) are users who purchase services on SWRolodex. 

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. 

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

Packages allow Sellers to offer services in different formats and prices.  

Offer Page is where the Seller can describe their offers, the terms, and the Buyer can purchase the offer and create an order. 

Order Page is where Buyers and Sellers communicate with each other in connection with an order. 

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Page. 

Sellers (also referred to as “freelancers”) are users who offer and perform services on SWRolodex. 

Overview – Main Terms 

• Only registered users may buy and sell on SWRolodex. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account. 
• Offers on SWRolodex may be offered at a base starting price of the seller’s choice. 
• Buyers pay SWRolodex in advance to create an order. 
• Orders are purchased through the Order button found on a Seller’s page or through a Custom Offer. 
• For fees and payments please read the Payment Terms. 
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status. 
• Sellers gain account statuses (Levels) based on their performance and reputation.  
• Users may not offer or accept payments using any method other than placing an order through SWRolodex 
• When purchasing an offer, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their page. Note: some sellers charge additional payments for Commercial Use License. See our “Ownership” and “Commercial Use” sections for more information. 
• We care about your privacy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference. 
• Users undertake to comply with SWRolodex’s Community Standards, which are a set of behavior rules and guidelines, applicable to the SWRolodex community and marketplace in addition to these Terms of Service, as updated from time to time. 

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 SWRolodex in order to circumvent or abuse the SWRolodex messaging system or SWRolodex platform is not permitted. 
• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page. 
• SWRolodex does not provide any guarantee of the level of service offered to Buyers. 
• SWRolodex does not provide protection for users who interact outside of the SWRolodex platform. 
• All information and file exchanges must be performed exclusively on SWRolodex platform. 
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account. 
• SWRolodex 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 may not submit proposals or solicit parties introduced through SWRolodex to contract, engage with, or pay outside of SWRolodex. 

BUYERS 

Basics 

• You may not offer direct payments to Sellers using payment systems outside of the SWRolodex platform. 
• SWRolodex retains the right to use publicly published delivered works for SWRolodex marketing and promotional purposes. 
• Buyers may request a specific service from the Post a Request feature. Services requested on SWRolodex must be an allowed service on SWRolodex.  Users should refrain from using the Post a Request feature for any purpose other than looking for services on SWRolodex. 

Purchasing 

• Please refer to the Payment Terms for making Payments through the SWRolodex platform. 
• In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site. 
• You may not offer Sellers to pay, or make payment using any method other than through the SWRolodex.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support. 

SELLERS 

Seller Features 

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

Basics 

•  Sellers create offers on SWRolodex to allow Buyers to purchase their services.
• Sellers may also offer Custom Offers to Buyers. 
• Each offer you sell and successfully complete, accredits your account with a revenue equal to 90% of the purchase amount. 
• SWRolodex accredits Sellers only after an order is completed. Refer to Orders section for more info. 
• For more information about receiving payments, fees and taxes see the Payment Terms. 
• Sellers may not promote their offers or any SWRolodex content on anything other than their own personal social media channels. 
• The Seller’s rating is calculated based on the order reviews posted by Buyers. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account. 
• For security concerns, SWRolodex 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 other users. 
• Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services. 
• Sellers are responsible for compiling their own tax information to submit tax returns related to their country of origin. 

Offers 

• Sellers are allowed to post offers for free on their page. 
• Gigs created on SWRolodex are User Generated Content. 
• Offers and/or users may be removed by SWRolodex for violations of these Terms of Service and/or our Community Standards, 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 
  • Pornographic, Inappropriate/Obscene 
  • Intentional copies of other seller offers 
  • Spam, nonsense, or violent or deceptive offers 
  • Offers misleading to Buyers or others 
  • Reselling of regulated goods 
  • Services that extend beyond 30 days of service duration 
  • Exceedingly low quality offers 
• Offers that are removed for violations mentioned above, may result in the suspension of the Seller’s account. 
• Offers that are removed for violations are not eligible to be restored or edited. 
• Offers may be removed from our Search feature due to user misconduct. 
• Offers containing websites promoting content, which violates SWRolodex Terms of Service and/or our Community Standards, will be removed. 
• Offers are required to have an appropriate offer image related to the service offered. An option to upload additional images is available to all Sellers. Sellers must deliver the same quality of service as shown on their offer images. Recurring deliveries that don’t match the quality shown on the offer images may lead to the Seller’s account losing Seller status or becoming permanently disabled. 
• Offers may contain an approved Offer Video. 
• Statements on the offer page that undermine or circumvent these Terms of Service is prohibited. 

Offer Extras 

• Offer Extras are additional services offered on top of the Seller’s offer for an additional price defined by the Seller. 
• Offer extras may be removed for violations of our Terms of Service and/or our Community Standards.  
• Services offered through Offer Extras must be related to the base service and part of the deliverables on the Order. 
• Offer 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 Offer Extra that is added to the Order. This is to cover the time needed to complete the extra service. 

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 SWRolodex’s Terms of Service and/or our Community Standards. 

Levels 

Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, SWRolodex may reward them with new statuses, special opportunities, benefits, and tools that come with it. 

• Sellers can gain account Levels based on their activity, performance and reputation. 
• Advancement in Levels are updated periodically by an automated system. 
• The current Levels a Seller can achieve are, Level 1, 2, and Top Rated. 
• Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level. 
• Advanced levels provide their owners with additional benefits. 

Top Rated Sellers 

• Top Rated Sellers are chosen manually by SWRolodex editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features. 
• Top Rated eligibility is constantly evaluated by SWRolodex to ensure that the quality standards and expectations of the Top Rated selection is kept. SWRolodex retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and any benefits that come with it. 

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 offer. 
• The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these 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 it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was 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 SWRolodex’s Support. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms. 

Handling Orders 

• When a Buyer orders an offer, 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 orders. 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. SWRolodex will not be held responsible for any damages which might occur due to site usage, use of content or files transferred. 
• 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 Gig 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 SWRolodex’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 and/or our Community Standards. 
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the SWRolodex platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the SWRolodex platform with purchases from additional accounts, will result in a permanent suspension of all related accounts. 
• Feedback comments given by Buyers are publicly displayed on a Seller’s page. 

• Responding and posting a review: Once work is delivered, the Buyer has three days to respond. 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 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 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, users can contact Support.  

User Conduct and Protection 

SWRolodex enables SWorkers to create, share, sell and purchase services. Services offered on SWRolodex reflect diversity. 

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

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact Support. 

Orders 

• Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed. 
• Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders. 

Offers 

• Users may report offers to Support that may be in violation of SWRolodex’s Terms of Service based on the reported Offer’s replicated similarity to pre-existing services (copycat offers). 
• Sellers warrant that any content included in their offers shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the offers, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the offers. 
• SWRolodex will respond to clear and complete notices of alleged copyright or trademark infringement.  

Reporting Violations 

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. 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 and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address. 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 – SWRolodex does not allow any exchange of adult oriented or pornographic materials and services. 

Inappropriate Behavior & Language – Communication on SWRolodex should be friendly, constructive, and professional. SWRolodex 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 – Members’ security is a top priority. 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 with offers, questions, suggestions or anything which is not directly related to their offers or orders. 

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 SWRolodex will not be protected by our Terms of Service. 

Authentic SWRolodex Profile – You may not create a false identity on SWRolodex, misrepresent your identity, create a SWRolodex profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. SWRolodex reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.). 

Intellectual Property Claims – SWRolodex will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.  

Fraud / Unlawful Use – You may not use SWRolodex 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 SWRolodex account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Terms of Service and/or our Community Standards is a 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 SWRolodex. This includes creating new multiple accounts to harass members through our message or ordering system. 

Selling of Accounts – You may not buy or sell SWRolodex accounts. 

Proprietary Restrictions 

Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site: (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing. 

Confidentiality 

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission. 

General Terms 

• SWRolodex reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services. 
• Violation of Terms of Service and/or our Community Standards may get your account disabled permanently. 
• Users with disabled accounts will not be able to sell or buy on SWRolodex. 
• Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact Support for more information surrounding the violation and status of the account. 

• Users must be able to verify their account ownership through Support by providing materials that prove ownership of that account. 
• Disputes should be handled by contacting Support. 
• SWRolodex may make changes to its Terms of Service from time to time.  
• You understand and agree that if you use SWRolodex after the date on which the Terms of Service have changed, SWRolodex 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 SWRolodex by our users (Buyers and Sellers) is User Generated Content. SWRolodex does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the SWRolodex platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled. 

Furthermore, SWRolodex is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the offers, their delivery or any communications between Buyers and Sellers. We encourage users to take advantage of our rating system and common sense in choosing appropriate services. 

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on SWRolodex. Sellers advertising online their offer 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 offer 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 Propery Claims Policy, which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 

Ownership 

Ownership and limitations: When purchasing an offer on SWRolodex, unless clearly stated otherwise on the Seller’s offer page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the 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 offer, 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 and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some offers (including for custom created work) charge additional payments (through Extras) for a Commercial Use License. This means that if you purchase the offer 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 the offer Extra and will have broader rights that cover your business use. 

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to SWRolodex, including offer texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by SWRolodex for marketing and/or other purposes. 

Gig Commercial Use License 

By purchasing a “Commercial Use License” with your offer Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “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. 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 SWRolodex 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 SWROLODEX NOR ANY PERSON ASSOCIATED WITH SWROLODEX 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 SWRolodex, 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.