Updated 13th March 2021.
Welcome to TNTlist.com.
TNTlist.com is a marketplace platform for services performed by its users. It has been created by TNT LIST. The following terms and conditions (these "Terms of Service"), govern your access to and use of the TNT List website, including any content, functionality, goods and/or services offered on or through www.TNTlist.com (the "Site"), by TNT List.
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 or the TNT List 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 nor use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Please send an email firstname.lastname@example.org.
Orders are products or services offered on TNTList.com
Sellers are products or services offered on TNTList.com
Buyers are products or services offered on TNTList.com
Services Page are products or services offered on TNTList.com
Custom Offers are products or services offered on TNTList.com
Order Page is where buyers and sellers communicate with each other in connection with an ordered product/service
Disputes are disagreements experienced during an order between a buyer and seller on TNT List
Income is the money that sellers earn from completed orders
Shopping Balance is cleared income from completed orders for sellers to withdraw or use to purchase
Wallet is your digital holder on TNTList.com for cleared income from deposits and/or completed orders for users to use towards purchasing or withdrawals to their bank account
- Only registered users may buy and sell on TNTList.com, registration is free
- Buyers and/or Sellers create one account to transact business i.e. to buy and/or sell However, Sellers can create multiple services under their one account
- Orders on TNTList.com may be offered at minimum starting price of $100.00
- Buyers create an order, by paying for a service from a seller on TNTList.com
- Orders are purchased through the Order button, found on a seller’s page or through a Custom Offer
- Sellers must fulfil 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 (Rankings) based on their performance and reputation
- Users may not offer or accept payments using any method other than placing an order through TNTlist.com
- Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Order page
- TNT List retains the right to use all published delivered works for TNTList.com marketing and promotion purposes
- Sellers create services on TNTList.com to allow buyers to purchase their services
- Sellers may also offer Custom Offers to buyers, in addition to their Orders
- Your shopping balance will be credited with the list price of your service, upon successful completion of said service
- If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance
- Income is only made available for withdrawal from the Payment page following a safety clearance period of 5 days, after the order is marked as complete. Best Sellers are eligible to withdraw revenue, following a safety clearance period of 3 days after the order is marked as complete
- Sellers may withdraw their income using one withdrawal method
- The seller's rating is calculated based on reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below)
- For security concerns, TNTList.com may temporarily disable a seller’s ability to withdraw income pending completion of an investigation. This is to prevent fraudulent or illicit activity. This may come as a result of non-permitted usage
- Sellers are allowed to post any amount of active service pages on their account.
- Orders may be removed by TNTList.com 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
- Adult oriented services, Pornography and Inappropriate/Obscene Content
- Intentional copies of another user’s service page
- Spam or Violent Orders or Orders misleading to buyers
- Reselling of licensed goods that you are not authorised to sell/distribute
- Orders that are removed, for violations mentioned above, may result in the suspension of the seller’s account
- Orders that are removed for violations are not eligible to be restored or edited
- Orders may be removed from our Search feature due to poor performance and/or user misconduct
- Orders may include pre-approved website URLs, contained within the Order description and requirements box. Orders containing websites promoting content, which violates TNTList.com’s Terms of Service, will be removed
- Orders are required to have an appropriate product/service image related to the service offered. An option to upload two additional images is available to all sellers
- Orders may contain a Video uploaded through the management tools available on TNTList.com
- Statements on the Order Page that undermine or circumvent these Terms of Service are prohibited.
TNTList.com 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 selfpromotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, TNTList.com may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- TNTList.com sellers can gain account Levels based on their activity, performance and reputation
- Advancement in Levels is updated periodically by an automated system
- The current Level a seller can achieve is Seller, Safe Seller, Hot Seller or Best seller
- Safe Sellers – Must be active on the site for at least 30 days, complete at least 20 individual orders, maintain a 4 star rating and above and have a low cancellation rate
- Hot Sellers - Must be active on the site for at least 30 days, complete at least 100 individual orders, maintain a 4.5 star rating and have a low cancellation
- Best Seller- Must be active on the site for at least 30 days, complete at least 500 individual orders, maintain a 4.5 star rating and have a low cancellation
Note: Any badges can be removed by the TNT List team, based on cancellations and low ratings
- 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.
- Best seller eligibility is constantly evaluated by TNTList.com to ensure that the quality standards and expectations of the Best seller selection are kept. TNT List retains the right to change a Best Seller status in light of such evaluation. In addition, Best 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, also risk losing their Top Rated status and the benefits that come with it.
TNTList.com’s sellers have access to several exclusive features that help customize the way their services can be offered
Delivery of Goods
- A seller must obtain valid Proof of Delivery from the buyer before their withdrawal can be processed. To ensure no delay occurs in processing your withdrawal, proof of delivery should be uploaded to the TNTList.com order delivery screen.
- Some of the services on TNT List can be physically delivered (Business Cards, Canvas/Poster Prints, T-Shirts, Flyers, Stationery, etc.).
- Important: Buyers, who use the Services that require physical delivery, will be asked to provide a delivery address.
- Upon completion of an Order, Buyer will receive a confirmation email containing an Order ID as well as the specific details of the Order.
Proof of Delivery for Goods & Services
Physical Goods - Acceptable forms of proof of delivery
- National form of Identification (ID card, Driver’s permit or passport) photo & signed invoice.
- Signed Invoice or Delivery Note.
- Postal receipt with Buyer’s Delivery Address.
Digital Goods - Acceptable forms of proof of delivery
- TNT List.com delivery confirmation when the delivery is done on TNT List.com.
- Delivery details emailed to email@example.com when 3rd party delivery used such as email, messaging or 3rd party website.
- National form of Identification (ID card, Driver’s permit passport) photo & signed Invoice.
- Signed Invoice or Delivery Note.
- Email confirmation from the buyer that the buyer has received the Delivery.
- To withdraw your income, you must have your Trinidad and Tobago bank account details completed on your profile page
- Your TNT List profile must be associated with only one Trinidad and Tobago bank account
- Income is only made available for withdrawal from the Account summary following a safety clearance period of 5 days after the order is marked as complete. Orders paid for with PayPal, income is made available after a safety clearance period of 30 days after the order is marked as complete. Best Sellers are eligible to withdraw income following a safety clearance period of 3 days after the order is marked as complete.
- To withdraw your available income, you must click on the designated withdrawal request button to initiate the withdrawal process. A processing fee of 4% will be deducted for withdrawals
- Withdrawals can only be made in the amount available to you.
- Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
- You may not offer direct payments to sellers using payment systems, outside of the TNTList.com Order system.
- TNTList.com retains the right to use all publicly published delivered works for TNTList.com’s marketing and promotional purposes.
- Buyers may request a specific service that isn’t listed from the buyer’s categories on the website.
- Buyers pay TNTList.com to purchase a Service from a seller’s Services page or a Custom Offer, using the Order Service button
- In addition, buyers can request a Custom Offer which addresses specific buyer requirements
- Orders may be purchased using one of the following payment methods: Credit Card or Shopping Account Balance
- Processing fees are added at the time of purchase where a buyer can review and accept the amount required to pay. These fees cover payment processing and administrative fees. The current fees assessed to the total purchase amount are 7% which is subject to change by TNT List.
- Wallet purchases do not incur a processing fee.
- You may not offer sellers to pay, or make payment using any method other than through the TNTlist.com site. In case you have been asked to use an alternative payment method, please report it immediately to firstname.lastname@example.org
- Once payment is confirmed, your order will be created and given a unique TNTList.com order number
- Sellers must deliver completed service and/ or proof of work, using the Order Status button (located on the My Sales page) Sellers must mark the order as completed. This must be guided, according to the service that was purchased and advertised on their Services page. Sellers must change the Order status to “Processing” until it is completed.
- An order is marked “Completed” by the Seller after the order is delivered. Buyers will have to go into the (My Purchases page) and select “Completed” under the Order Status Button.
- We encourage our buyers and sellers to use the Status Buttons to ensure that work is processed and completed on time. Additionally, you will be prompted to provide feedback and rate the seller’s service. We encourage buyers and sellers to settle conflicts immediately. If for any reason this fails, users can send an email to email@example.com
- When a buyer orders, 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 product/service. Failing to do so, the system will automatically mark the order as late which will harm the seller's status.
- Users are responsible for scanning all transferred files for viruses and malware. TNTList.com 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 time during the transaction. However, this will have a negative effect on the seller's status.
- Buyers may use the "Order Cancel " feature located on the Order page once an order is not marked as Completed if the delivered materials do not match the seller's description on their Order page or they do not match the requirements sent to the seller at the beginning of the order process.
- Feedback reviews provided by buyers, while completing an order, are an essential part of TNTList.com’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 TNTList.com platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the TNTList.com platform with purchases from additional accounts, will result in a suspension of all related accounts.
- Feedback comments given by buyers are publicly displayed on a seller’s Order page. Buyers have the option not to include a comment, but still rate the service.
- Withholding the delivery of services, files, or information required to complete the service with the intent to gain favourable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review. If no response is provided within the response period, the order will be considered completed.
- Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
- Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.
Disputes and Cancellations
We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, you can email firstname.lastname@example.org
- Order cancellations can be performed on TNTList.com and funds will be refunded to the buyer’s shopping balance.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
- TNTList.com reserves the right to cancel an order or place funds on hold for any suspected fraudulent transactions made on the Site. However, TNTList.com may take up to 150 days to investigate pending receipt from the bank’s comprehensive report, with respect to such transactions.
- All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the order and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid for the service will be refunded to the buyer’s shopping balance.
- Revisions to deliveries can be performed by sellers based on the seller’s product/service and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.
- TNTList.com encourages Buyers and Sellers to resolve service disputes mutually or through using the Resolution Centre.
- Eligibility for requests to TNTList.com 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 TNTList.com delivery system. See below for Order specific eligibility.
- Completed orders may be cancelled, upon review of our Customer Support team, up to 3 days after the order is marked as complete.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Order page. Buyers may rate their experience with the seller, including the overall level of service quality received.
- Buyers must use TNT List Resolution Centre to address their concerns and desired resolution related to the service provided by their seller prior to contacting email@example.com. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service, and allow sellers to provide a resolution first. This does not include non-permitted usage of TNTList.com
- Any non-permitted usage of TNT List encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behaviour, or other violations to TNTList.com’s Terms of Service.
- TNTList.com’s Customer Support can cancel orders based on, but not limited to, the following reasons:
- Active orders (after the buyer submits their requirements and before the seller delivers on TNTList.com)
- The seller is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.
- The user is no longer an active TNTList.com user due to Terms of Service violations or closure of their account.
- Processing status (after the seller clicks Processing and before the order is marked as complete)
- The seller delivers no service and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The seller requests additional payments, on or off the TNTList.com platform, by withholding the final delivery of services directly related to the agreed requirements.
- The seller is withholding the final delivery of services for improved ratings.
- Buyers who fail to accept the original requirements of their order.
- Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.
- Completed Orders (after the order is marked as complete and before the 3 day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- TNTList.com Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Centre that enabled the order to be marked as complete.
- TNTList.com does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer's Shopping Balance as credit and are available for future purchases or withdrawals on TNTList.com. Funds returned to your balance from cancelled orders will not include processing fees paid. However, purchases made from your shopping balance do not incur processing fees.
User Conduct and Protection
TNTList.com enables people in Trinidad and Tobago to create, share, sell and purchase nearly any product/service they need. Services offered on TNT List reflect the diversity of an expanding economy. Members of the TNTList.com marketplace communicate and engage through orders, chats and on the TNT List marketplace.
TNTList.com maintains a friendly, community spirited and professional environment. Users should keep to that spirit while participating in any activity or extensions of TNTList.com. This section relates to the expected conduct users should adhere to while interacting with each other on TNTList.com To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team at firstname.lastname@example.org
- 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 TNT List in order to circumvent or abuse the TNT List messaging system or TNT List platform is not permitted.
- Any necessary exchange of personal information required to fulfil the order may be exchanged within the order page.
- TNTList.com 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.
- TNTList.com does not provide protection for users who interact outside of the TNTList.com marketplace.
- All information and file exchanges must be performed exclusively on TNTList.com's marketplace.
- 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 TNTList.com marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Customer Relationship team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- TNTList.com 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 favour. If the chargeback case allows, TNTList.com will return parts or full revenue back to sellers.
- Users may report Orders to Customer Support that may be in violation of TNTList.com’s Terms of Service based on the reported product/service replicated similarity to preexisting services (copycat Orders).
- TNTList.com will respond to clear and complete notices of alleged copyright or trademark infringement.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Customer Relationship 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.
Adult Services & Pornography – TNT List does not allow any exchange of adult oriented or pornographic materials and services.
Virtual currency or stored value – Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin, Amazon Gift cards, PSN gift cards)
Inappropriate Behaviour & Language – Communication on TNT List should be friendly, constructive, and professional. TNT List 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 – TNT List takes the matter of 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 TNTList.com will not be protected by our Terms of Service.
Intellectual Property Claims – TNTList.com 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 TNTList.com 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 TNT List community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to TNTList.com’s Terms of Service are cause for permanent removal of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on TNTList.com. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell TNTList.com accounts.
- TNTList.com 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 TNTList.com's Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on TNTList.com
- 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 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 TNTList.com's approval.
- Disputes should be handled using TNTList.com's dispute resolution tools ('Resolution Centre' on the order page) or by sending an email to email@example.com
- TNTList.com may make changes to its Terms of Service from time to time. When these changes are made, TNTList.com will make a new copy of the terms of service available on this page.
- You understand and agree that if you use TNTList.com after the date on which the Terms of Service have changed, TNTList.com 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 TNTList.com by our users (Buyers and Sellers) is User Generated Content. TNT List 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, TNTList.com is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to product/services, 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 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 being offered on TNTList.com Sellers advertising their Orders 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 product/service and may lead to the suspension of seller's account. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the seller's Order 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. In the event the delivered work does not meet the requirements of work-for-hire, 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 order 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. This means that if you purchase the product/service for personal use, you will own all rights you require for such.
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 the content users voluntarily create/upload to TNTList.com, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by TNTList.com for marketing purposes.
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 TNT LIST NOR ANY PERSON ASSOCIATED WITH TNTLIST.COM 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 TNTLIST.COM, 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.