Terms & Conditions

Last Update: October 2020

The following terms & conditions (these “Terms & Conditions”), govern your access to and use of the Consults Center website, including any content, functionality and services offered on or through www.consultscenter.com (the “Website”) by Linné Innovation AB. (Framtidsvägen 10A, 352 22, Växjö, Sweden) and, with respect to the Terms of Service provided by Payment Gateways Stripe, Klarna, Swish and PayPal. Consults Center and Linné Innovation AB are collectively referred herein as “Consults Center” “we” or “us”.

Please read the Terms & Conditions carefully before you start to use the Website. By using the Website, opening an account or by clicking on accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms & Conditions, Consults Center Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use the Website. For more detailed policies surrounding the activity and usage on the Website, please access the designated articles herein.

This Website is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Website or the Consults Center services. By using this Website, 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 Website.

Our Customer Support team is available if you have any questions regarding the Website or Terms & Conditions. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms & Conditions, as well as all other texts throughout the Website, is English. Consults Center makes available translated versions for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers or Clients are users who purchase services on Consults Center.

Sellers are users who offer and perform services through Services on Consults Center.

Business Account or Service Provider Account is a user account which provides and offers Services to Buyers.

Business Account Team Member or Service Provider Account Team Member or Team Member is any user that is involved in or uses a Business Account.

Business Page is where the Business Accounts can describe their business, Services, Policy and information about what they do or provide.

Services are services offered on the Consults Center website by Business Accounts.

Service Page is where Business Accounts can describe, explain and show the contents, conditions and information about the Service they provide.

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

Overview 

  • Only registered users may buy and sell on Consults Center. Registration is free.
  • Services on Consults Center may be offered at a base starting price of 50 SEK or higher.
  • Buyers pay Consults Center in advance to create an order (see Payment Terms).
  • Orders are purchased through the Book button found on a Seller’s Service page or Website’s Checkout page.
  • For fees and payments please read the Payment Terms.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
  • Sellers gain their account statuses based on their performance and reputation assigned with different Badges.
  • Users may not offer or accept payments using any method other than placing an order through Consults Center.com.
  • When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Service page. 
  • Consults Center retains the right to use all information in delivered Services for Consults Center marketing and promotion purposes anonymously while respecting users’ privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms & Conditions and incorporated herein by reference.
  • Users undertake to comply with Consults Center’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Consults Center community and marketplace in addition to these Terms & Conditions, as updated from time to time.

SELLERS

Basics

  • Sellers create Services on Consults Center to allow Buyers to purchase their services.
  • Each Service you sell and successfully complete, accredits your account with a net revenue of at least 80% of the purchase amount based on your Pricing Plan explained here.
  • Consults Center accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
  • For more information about receiving payments, fees and taxes see the Payment Terms.
  • The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security concerns, Consults Center may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Consults Center accounts to a single withdrawal provider.
  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Services

  • Sellers are allowed to post a select number of active Services based on their Membership according to Pricing Plan.
    • 1 Service for unverified accounts.
    • 5 Services for Free members.
    • 15 Services for Business members.
    • Unlimited Services for Corporate members.
  • Services created on Consults Center are User Generated Content (explained in following sections).
  • Services and/or users may be removed by Consults Center from the Website for violations of these Terms & Conditions and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms & conditions reported through our Intellectual Property Claims Policy
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Services
    • Spam, nonsense, or violent or deceptive Services
    • Services misleading to Buyers or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Buyers
    • Services that extend beyond 30 days of service duration
    • Exceedingly low quality Services
    • Promoting Consults Center and/or Consults Center Services through activities that are prohibited by any laws, regulations, and/or third parties’ terms & conditions, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  • Services that are removed for violations are not eligible to be restored or edited.
  • Services may be removed from our Search feature due to poor performance and/or user misconduct.
  • Services may include pre-approved website URLs contained within the Service description and requirements. Services containing websites promoting content, which violates Consults Center’s Terms & Conditions and/or our Community Standards, will be removed.
  • Services are required to have an appropriate image related to the service offered. An option to upload additional images is available for Business and Corporate Sellers. Sellers must deliver the same quality of service as shown on their images. Recurring deliveries that don’t match the quality shown on the images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  • Services may contain a Video uploaded through the Control Panel available on Corporate accounts.
  • Statements on the Service Page that undermine or circumvent these Terms & Conditions is prohibited.
  • Corporate accounts may bind Services together to set up Service Packages with special prices different than the total sum of all Services in the Package.
  • Adding new categories is available only to Corporate accounts. If you are not a Corporate Seller, creating a new category could be suggested via the Contact page of the Website.
  • Extra Services are additional services offered on top of the Seller’s Service Count Limit for an additional price defined by us.
  • Custom Services are additional services provided for a specific buyer who has asked for it via Inquiry feature of the Website. Sellers can make the contents, conditions and information tailored for these types of buyers and offer it as a Custom Service.

Badges & Rating

We will promote top performing Sellers with helpful tools to grow their business however, Sellers who invest in self-promotion may achieve greater customer attraction. Depending on the information provided by Sellers, customer ratings, reviews and selling records, Consults Center may reward Sellers with marks and symbols called Badges. 

  • Sellers can get a Verified Service Provider badge after submitting identification documents from their profile page in the Control Panel page of their account.
  • Other badges will be introduced via the Website from time to time in form of permanent or exclusively available for a specific period.
  • Top Rated Sellers are chosen automatically by Consults Center according to their ratings submitted by their clients or buyers..

BUYERS

Basics

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

Purchasing

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

ORDERS

Basics

  • Once payment is confirmed, your order will be created and given a unique Consults Center order number.
  • Sellers must deliver and complete the Service using the provided contact links located on the Order page and Order Confirmation email according to the Policy and conditions written and advertised on their Service page.
  • The contact links may not be abused by Sellers to circumvent Order guidelines described in these Terms & Conditions. Inappropriate use of contact links may result in a cancellation of that Order after review, affect the Seller’s rating, result in a warning to Seller or suspension or cancellation of their account.
  • An Order is marked as Complete after it is delivered and accepted by a Buyer. An Order will be automatically marked as Complete even if not accepted and no refund request was submitted within 3 days after the Order was delivered.
  • We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Contact Page to reach out the Consults Center’s Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

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 late and may harm the Seller’s status.
  • In case some files or any type of digital contents are exchanged between the users, they are responsible for scanning all transferred files for viruses and malware. Consults Center will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

  • Feedback reviews provided by Buyers while completing an Order are an essential part of Consults Center’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 time in regards to the service provided by the Seller.
  • Leaving a Buyer’s feedback is a basic evaluation of a Seller. Feedback reviews will not be removed unless there are clear violations of our Terms & Conditions and/or our Community Standards.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Consults Center platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Consults Center 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.
  • Work Samples are images and/or videos taken from a real Service Delivery. Work Samples are added to a Seller’s profile on their Service page. The required permissions for publicly publishing these types of content should be asked for and granted between the Buyer and the Seller independently and we are not taking any responsibility in this matter.
  • Withholding the delivery of services or activities required to complete the Service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding to an Order: Once a Service is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered as completed.
  • 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 or if you encounter non-permitted usage on the Website, users can contact the Consults Center’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Conduct and Protection

Consults Center enables people around the world to create, share, sell and purchase nearly any service they need. Services offered on Consults Center reflect the diversity of an expanding Virtual Workspace. Members of the Consults Center community communicate and engage through orders, social media, and on Consults Center’s different pages and sections.

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

To report a violation of our Terms & Conditions and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

  • To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/Zoom usernames, telephone numbers or any other personal contact details to communicate outside of Website in order to circumvent or abuse the Consults Center messaging system or Consults Center platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Website.
  • Consults Center does not provide any guarantee of the level of service offered to Buyers. 
  • Consults Center does not provide protection for users who interact outside of the Consults Center platform.
  • All information and file exchanges must be performed exclusively on Consults Center’s platform.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • We are open to everyone and discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
  • Users may not submit proposals or solicit parties introduced through the Website to contract, engage with, or pay outside of Consults Center.

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 us.
  • 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.

Services

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

Reporting Violations

If you come across any content that may violate our Terms & Conditions and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms & Conditions. All cases are reviewed by us. 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 & Conditions and/or our Community Standards or any user misconduct reported to us. A warning will be sent to the user’s email address and will be displayed for such users on the Website. 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 – Consults Center does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Consults Center should be friendly, constructive, and professional. Consults Center 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 – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Website. 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 Consults Center will not be protected by our Terms & Conditions.

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

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

Fraud / Unlawful Use – You may not use Consults Center 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 Consults Center community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Consults Center’s Terms & Conditions and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Consults Center. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Consults Center accounts.

Proprietary Restrictions

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

Feedback Rights

To the extent that you provide Consults Center with any comments, suggestions or other feedback regarding the Consults Center platform or the Website as a whole, as well as other Consults Center products or services (collective, the “Feedback”), you will be deemed to have granted Consults Center an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Consults Center is under no obligation to implement any Feedback it may receive from users.

Confidentiality

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

General Terms

  • Consults Center reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms & Conditions and/or our Community Standards or due to any illegal or inappropriate use of the Website or services.
  • Violation of Consults Center’s Terms & Conditions and/or our Community Standards may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Consults Center.
  • Users who have violated our Terms & Conditions and/or our Community Standards and had their account disabled may contact us for more information surrounding the violation and status of the account.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Disputes should be handled by contacting Consults Center Customer Support.
  • Consults Center may make changes to its Terms & Conditions from time to time. When these changes are made, we will make a new copy of the terms & conditions available on this page.
  • You understand and agree that if you use Consults Center after the date on which the Terms & Conditions have changed, Consults Center will treat your use as acceptance of the updated Terms & Conditions.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Website. All content uploaded to Consults Center by our users (Buyers and Sellers) is User Generated Content. We do not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Consults Center platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Website does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms & conditions. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, we are not responsible for the content, quality or the level of service provided by the Sellers (even if they are Business or Corporate Sellers, Top Rated Sellers, offer Featured Services or otherwise). 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.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Consults Center. Sellers advertising online their Service must comply with laws and terms & conditions 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 section which forms an integral part of these Terms & Conditions. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a Service on Consults Center, 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 service 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. 

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Consults Center, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Consults Center for no consideration for marketing and/or other 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 CONSULTS CENTER NOR ANY PERSON ASSOCIATED WITH CONSULTS CENTER 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.

Machine Translation

Certain user-generated content on the Website has been translated for your convenience using translation software powered by WPML Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

The official text is the English version of the Website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Limitation on Liability

IN NO EVENT WILL CONSULTS CENTER, 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.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Consults Center, where control means having more than Twenty Five percent (25%) voting stock or other ownership interest or the majority of voting rights of such entity.

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