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SevisPlus: Terms of use



Terms and Conditions

Access to and use of sevisplus.com is provided on the following terms:

1. By using the SevisPlus website and its services you agree to be bound by these terms, which shall take effect immediately on your first use of this website. You may not use SevisPlus services if you do not accept the terms.
If you do not agree to be bound by all of the following terms please do not access and use SevisPlus. SevisPlus reserves rights to block violators of these terms from using its services or restrict their access in any form at any time.

2. SevisPlus may change these terms at any time.

3. You agree to use this website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of SevisPlus.

4. You agree that lawful owners of SevisPlus own all legal right, title, copyrights, design rights, and other intellectual property rights (registered and unregistered) in this website and all content (including all software applications) located on the site.

5. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, post, make available to the public, or otherwise use the content (including all software applications) in any way except for your own personal use.

6. SevisPlus website content and services are provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, SevisPlus excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. SevisPlus does not guarantee the accuracy, completeness or performance of the website or any of the content and services. While we try to ensure that all functionality provided is correct no responsibility is accepted by or on behalf of the SevisPlus for any errors or inaccurate content on the website.

7. SevisPlus shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of SevisPlus and its services regardless of the form of action.

8. SevisPlus does not warrant that functions and services available on SevisPlus will be uninterrupted or error free, that defects will be corrected, or that SevisPlus or the servers which make it available are free of viruses or bugs.

Last Update: July 2018
Welcome to SevisPlus.com. SevisPlus.com is a marketplace platform for services performed by its users.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the SevisPlus website, including any content, functionality and services offered on or through www.SevisPlus.com (the "Site"), by SevisPlus LLC), as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 12 years of age or older. If you are under 12 you may not use this Site or the SevisPlus services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

Key Terms
Services® are services offered on SevisPlus.

Providers are users who offer and perform services through Services on SevisPlus.

Buyers are users who purchase services on SevisPlus.

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

Job 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 Job Offer from a seller.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Service Page.

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

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

Revenue is the money Sellers earn from completed orders.

Sales Balance is cleared revenue from completed orders for Sellers to withdraw or use to purchase Services.

Shopping Balance is shopping credit collected from cancelled orders or SevisPlus promotions to be used for purchasing Services.


Job Offer
Sellers can also send Job Offers addressing specific requirements of a buyer.
Job Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
Job Offers are sent from the conversation page.
Services provided through Job Offers may not violate SevisPlus’s Terms of Service.

An order is marked as Complete after it is delivered by the seller and then accepted by the buyer.

Users can contact SevisPlus's customer support department for assistance here.
Withdrawing Revenues
To withdraw your revenue, you must have an account with at least one of SevisPlus's withdrawal methods.
Your SevisPlus profile can be associated with only one account from each SevisPlus withdrawal methods. A withdrawal provider account can be associated with only one SevisPlus 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.
Withdrawals can only be made in the amount available to you.
Withdrawal fees vary depending on the withdrawal method.
Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
Withdrawal Methods
METHOD FEE SERVICE AVAILABILITY
Withdraw to your PayPal Account 2% of the sum withdrawal amount up to$1* For a list of PayPal services by country click here


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

Purchasing
Buyers pay SevisPlus to create an order from a seller’s Service page or Job Offer, using the Order Now button.
In addition Buyers can request a Custom Order which addresses specific buyer requirements, and receive a Job Offer from Sellers through the site or through SevisPlus Anywhere.
Services may be purchased using one of the following payment methods: Credit Card, PayPal or SevisPlus Credit.
Service fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2018, the current fees assessed to the total purchase amount are$2 on purchases up to$40 and 5% on purchases above$40. When purchasing from your seller’s balance (i.e. out of your earned revenues) or buyer’s shopping balance (resulting from any credits or refunds) you will not be charged a service fee. Funds returned to your balance from cancelled orders will not include service fees paid.
If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
In certain locations, we may allow Buyers to pay in local currency (Buyers will always have the option to view prices and pay in US$). Buyers should note, however, that Services’ local pricing is only a conversion of their original US$ price, and therefore local currency prices may change daily in accordance with current exchange rates.
You may not offer Sellers to pay, or make payment using any method other than through the SevisPlus.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Buyers on the Site or transferring payments to Sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor.

Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid to SevisPlus following any direct or indirect taxes, levy, withholding tax and/or deductions.

Orders
Basics
Once payment is confirmed, your order will be created and given a unique SevisPlus order number (#SP-).
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 Service.
Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact SevisPlus's Customer Support department for assistance here.
Handling Orders
When a buyer orders a Service, 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 Services. 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. SevisPlus will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
A Seller may cancel an order without the buyer's consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller's status.
Buyers may use the "Request Revisions" feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller's description on their Service 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 SevisPlus'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 SevisPlus platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the SevisPlus 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 Service page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a seller's Live Portfolio on their Service 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 Service’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 Services with shipping). If no response is provided within the response period, the order will be considered completed.
Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact SevisPlus's Customer Support department for assistance here.

Order cancellations can be performed on SevisPlus, when eligible, by Customer Support or through the Resolution Center per order.
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.
SevisPlus reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Service 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 will be refunded to the buyer’s shopping balance.
Revisions to deliveries can be performed by Sellers based on the seller’s Service and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
Requests for revisions can be performed through the Order page while the order is marked as Delivered.
Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations
SevisPlus encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
Eligibility for requests to SevisPlus 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 SevisPlus delivery system. See below for Order specific eligibility.
Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) 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 Service page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
Buyers must use SevisPlus Resolution Center to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. 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 will allow Sellers to provide a resolution first. This does not include non-permitted usage of SevisPlus.
Any non-permitted usage of SevisPlus 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 behavior, or other violations to SevisPlus’s Terms of Service.
SevisPlus Customer Support will 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 SevisPlus)
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 SevisPlus user due to Terms of Service violations or closure of their account.
Delivered Orders (after the seller clicks Deliver Now and before the order is marked as complete)
The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
The seller delivers no files 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 SevisPlus 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 abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
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 14 day limitation)


SevisPlus Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
Refunds
SevisPlus does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer's balance as credit and are available for future purchases on SevisPlus. Funds returned to your balance from cancelled orders will not include service 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 service fees were added at the time of purchase to create a new order, the service fees from that payment will not be refunded along with your deposit.
User Conduct And Protection
SevisPlus enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on SevisPlus reflect the diversity of an expanding Service economy. Members of the SevisPlus community communicate and engage through orders, social media, and on SevisPlus’s Community Forums.

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

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

Basics

SevisPlus 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.
SevisPlus does not provide protection for users who interact outside of the SevisPlus platform.
All information and file exchanges must be performed exclusively on SevisPlus's platform.
Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
The SevisPlus marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
Orders
Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety 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.
SevisPlus reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, SevisPlus will return parts or full revenue back to Sellers.
Services
Users may report Services to Customer Support that may be in violation of SevisPlus’s Terms of Service based on the reported Service’s replicated similarity to pre-existing services (copycat Services).
SevisPlus will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Reporting Violations
If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage
Adult Services & Pornography - SevisPlus does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on SevisPlus should be friendly, constructive, and professional. SevisPlus 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 - SevisPlus 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.

Intellectual Property Claims - SevisPlus will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

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

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

General Terms
SevisPlus 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 SevisPlus's Terms of Service may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on SevisPlus.
Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to SevisPlus's approval.
Disputes should be handled using SevisPlus's dispute resolution tools ('Resolution Center' on the order page) or by contacting SevisPlus Customer Support.
SevisPlus may make changes to its Terms of Service from time to time. When these changes are made, SevisPlus will make a new copy of the terms of service available on this page.
You understand and agree that if you use SevisPlus after the date on which the Terms of Service have changed, SevisPlus 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 SevisPlus by our users (Buyers and Sellers) is User Generated Content. SevisPlus 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, SevisPlus is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the 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 Services® 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 SevisPlus. Sellers advertising their Service 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 Service 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 seller's Service 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 Service 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 Services (including for custom created work) charge additional payments (through Service Extras) for a Commercial Use License. This means that if you purchase the Service 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 Service 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 SevisPlus, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by SevisPlus for no consideration for marketing and/or other purposes.

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 SevisPlus NOR ANY PERSON ASSOCIATED WITH SevisPlus 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 SevisPlus, 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.