Terms Of Use

SmallJobs®'s Terms of Service
Last update: May 2015

Welcome to SmallJobs. SmallJobs is a micro jobs 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 SmallJobs website, including any content, functionality and services offered on or through www.smalljobs.com.ng (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 SmallJobs 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.

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.

Key Terms

Gigs® are services offered on SmallJobs.

Sellers are users who offer and perform services through Gigs on SmallJobs.

Buyers are users who purchase services on SmallJobs.

Gig Page is where the seller can describe their Gig and the Gig’s terms, and the buyer can purchase the Gig 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 Gig Page.

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

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

Revenue is the money sellers earn from completed orders.

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

Gig Multiples are additional quantities of unique orders from the sellers Gig.​

Overview (Main terms, in a nutshell)

  • Gigs® on SmallJobs are offered at a base starting price of $5.
  • Only registered users may buy and sell on SmallJobs. Registration is free.
  • Buyers pay SmallJobs in advance to create an order.
  • Orders are purchased through the Order button found on a seller’s Gig page or through a Custom Offer.
  • For fees and payments please read the purchasing section here.
  • Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
  • 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 SmallJobs.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • SmallJobs retains the right to use all published delivered works for SmallJobs 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.
  • SmallJobs accredits sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
  • 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.
  • 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 SmallJobs’s withdrawal options.
  • The seller's rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).

Gigs®

  • Sellers are allowed to post an unlimited amount of active Gigs in any one day.
  • Gigs created on SmallJobs are User Generated Content.
  • Gigs may be removed by SmallJobs 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 Gigs
    • Spam, Nonsense, or Violent Gigs
    • Addition of Contact details to Gig image
    • Gigs misleading to buyers, including violations of third party terms of service
    • Reselling of regulated goods
  • Gigs that are removed for violations mentioned above, may result in the removal of the seller’s account.
  • Gigs that are removed for violations are not eligible to be restored or edited.
  • Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
  • URLs in your Gig text that redirect to third party websites are subject to approval and may be considered inappropriate to use on SmallJobs.
  • Gigs are required to have an appropriate Gig image related to the service offered. Additional Gig images are available to all sellers.
  • Gigs may contain an approved Gig Video uploaded through the Gig management tools available on SmallJobs.
  • Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.

Levels

SmallJobs is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, SmallJobs may reward them with new statuses, special opportunities, benefits, and tools that come with it.

  • SmallJobs sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
  • Advancement in Levels are updated periodically by an automated system.
  • The current Levels a seller can achieve are, Level 1, 2, 3 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, including offering gigs for higher prices through Gig Extras, or selling their Gig in multiples.

Top Rated Sellers

  • Top Rated Sellers are chosen manually by SmallJobs 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.

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

  • To withdraw your revenue, you must have an account with at least one of SmallJobs's withdrawal providers.
  • Your SmallJobs profile can be associated with only one account from each SmallJobs withdrawal providers. A withdrawal provider account can be associated with only one SmallJobs 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 vary depending on the withdrawal provider / method.
  • 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 sellers to pay, or make payment using any method other than through the SmallJobs site.
  • SmallJobs retains the right to use all published delivered works for SmallJobs marketing and promotional purposes.
  • Buyers may request a specific service from the Request a Gig feature found from the Shopping dashboard. Services requested on SmallJobs must be an allowed service on SmallJobs. Please click here for guidelines on approved services.

Purchasing

  • Buyers pay SmallJobs to create an order from a seller’s Gig 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 or through SmallJobs Anywhere.
  • Gigs may be purchased using a OnlineNaira, OnlineCedis, Cash, ATM, Credit Card, Debit Card, PayPal, Skrill, PerfectMoney and SmallJobs Credit you may have acquired in sales.
  • 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. The current fees assessed to the total purchase amount can be found here. When purchasing from your seller's balance (i.e. out of your earned revenues) or buyer's shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
  • If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically be applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
  • You may not offer sellers to pay, or make payment using any method other than through the SmallJobs 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.

Orders

Basics

  • Once payment is confirmed, your order will be created and given a unique order number.
  • Orders purchased with a combination of Gig Extras and Gig Multiples are multiple unique orders with additional services added to each order.
  • 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 Gig.
  • 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, including by using the Resolution Center tab in the order page. If for any reason this fails, users can contact SmallJobs's customer support department for assistance here.

Handling Orders

  • When a buyer orders a Gig, 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 Gigs. 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. SmallJobs 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 Gig 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 SmallJobs'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 SmallJobs platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the SmallJobs 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 Gig 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 Gig 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 Gig’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 Gigs 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.

Shipping

  • Some of the services on SmallJobs are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
  • Important: Buyers who order Gigs 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.
  • SmallJobs does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  • A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

Disputes and Cancellations

  • We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact SmallJobs'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 SmallJobs 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 Gig page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
  • SmallJobs reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

Refunds

  • SmallJobs 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 SmallJobs. 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

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

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

Basics

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

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

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

Selling Accounts - You may not buy or sell SmallJobs accounts.

General Terms

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

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the sellers Gig 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 Gig 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 Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig 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 Gig 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 SmallJobs, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by SmallJobs 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 SmallJobs’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 SmallJobs 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 SMALLJOBS NOR ANY PERSON ASSOCIATED WITH SMALLJOBS 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 SMALLJOBS, 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.