Terms of Service
Last Updated August 15, 2021.
This is an agreement between you (the user of this website for any purpose) and ExpertAnalytics Group, Inc. regarding your use of, without limitation, ExpertAnalytics Group, Inc. website, database, computer, interactive information, communication, and transaction service allowing access to the Expert listings, directory searches, consultation, advertising, and other Expert services (the "ExpertAnalytics Group, Inc. Services"). BY REGISTERING WITH AND/OR USING ExpertAnalytics Group, Inc. Services, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, please exit our site at this time.
This Agreement ("User Agreement" or "Agreement" or "Terms of Service" or "Terms of Usage"), including the Privacy Statement, contains the entire terms and conditions that apply to your use of ExpertAnalytics Group, Inc. Services ("Services") and its website and/or co-branded websites which ExpertAnalytics Group, Inc. may operate or host from its or co-host servers (collectively referred to herein as "Site"). In this Agreement, "Expert" or "Experts" means any person or entity that is an authority in a discipline that requires specialized knowledge and experience.
ExpertAnalytics Group, Inc, fees are subject to change at any time and for any reason. ExpertAnalytics Group, Inc. reserves the right to modify dues, fees, charges, rates, or company financial structure at any time upon notice consistent with this Agreement. You as the User are responsible for paying all applicable taxes for services and any other costs you incur through the use of or access to our servers. All fees are quoted and payable in Canadian, or United States dollars, as appropriate with a conversion rate equal to 1.3 USD /CAD.
You are providing your contact information ("email" or "phone" or "address") for the purposes of registering as an Expert ,Expert Firm, Law Firm, Litigator, Insurer, or Corporation to otherwise access the ExpertAnalytics Group, Inc. Services. Occasionally you may receive updates, information and notices, etc. with information that we deem to be of interest to you and relevant to you as a client. ExpertAnalytics Group, Inc. may display URLs or icons that allow Users to link to other websites. Any content, representations, or warranties made on such other web sites regarding privacy or any other matter are the sole responsibility of the operator of the site, and ExpertAnalytics Group assumes no liability, obligation, or responsibility for such content, representations, or warranties.
4. Guidelines for Use
ExpertAnalytics Group, Inc. Services and Site are only available for use by individuals who are age 19, or older. The Services and Site may not be used by scripts, machines or automated services. ExpertAnalytics Group, Inc. Services and Site may be used only for lawful purposes. You must comply with all applicable local, provincial, national and international laws, regulations, or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the ExpertAnalytics Group, Inc. Services or Site for any criminal or illegal activities or any activities that might be legally actionable. ExpertAnalytics Group, Inc. reserves the right to determine what constitutes Internet abuse and objectionable conduct. If ExpertAnalytics Group, Inc. believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal, or inappropriate information or content, or suspension or termination of your membership and access to ExpertAnalytics Group, Inc. Services.
Examples of objectionable conduct and content that violate these Guidelines include, but are not limited to, the following: A) Posting, transmitting, or linking to any text, image, file, code, or any other content or material on the Site in violation of any applicable state or federal laws. B) Posting, transmitting, or linking to any text or images that are sexually explicit, pornographic, racially or ethnically objectionable, or grossly offensive to the online community. C) Posting, transmitting, or linking to defamatory and libelous statements, or other statements that would violate any third party's privacy or publicity rights. D) Impersonating any person or using a name that you are not authorized to use. E) Planning illegal activities, such as creating computer viruses, building a bomb, or counterfeiting money. F) Promoting any products or services that are unlawful at the location at which the content is posted or received. G) Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment. H) Posting, transmitting, or linking to statements that are intentionally false or misleading. I) Spamming, flaming, or other similar activities, including using information obtained from ExpertAnalytics Group, Inc. to communicate uninvited solicitations or to promote your products or services. J) Violating the guidelines for academic honesty or other unethical behavior, and hiring experts like hired guns, or in the reverse where unethical communication and participation between the litigator, insurer, and expert require the expert to provide opinions that are false, misleading, unethical, fraudulent, or criminal.
Violations of system and network security are prohibited. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any session being conducted on the Site. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for your own account. You also agree not to use your ExpertAnalytics Group, Inc. issued password for any unauthorized or prohibited purpose. If you notice a problem with other members not following these Guidelines, please notify us by contacting Customer Support at email@example.com
5. Internet Commerce
ExpertAnalytics Group,Inc. and its affiliates make no warranties or representations whatsoever with respect to your participation in ExpertAnalytics Group, Inc. goods and services, or with respect to the qualifications of any member. You agree not to resell, reproduce, or copy information obtained from ExpertAnalytics Group, Inc., or through ExpertAnalytics Group Inc., Services, nor exploit your membership or association with ExpertAnalytics Group for a commercial or advertising purpose, except as otherwise authorized herein, without the express written permission of a corporate officer of ExpertAnalytics Group.
6. ExpertAnalytics Group, Inc. Property Rights
The content, layout, design, concept, and organization of the ExpertAnalytics Group, Inc. Site and Services are subject to ExpertAnalytics Group, Inc. patents, copyrights, trade secrets, and other intellectual property rights. All rights are reserved. You acknowledge and agree that ExpertAnalytics Group, Inc. owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the ExpertAnalytics Group Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited. You agree that you will obtain the express written permission from ExpertAnalytics Group, Inc. before you copy, upload, transmit, reproduce, distribute or in any way exploit any ExpertAnalytics Group Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the ExpertAnalytics Group, Inc. Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use ExpertAnalytics Group, Inc. trade names, service marks or any other trade insignia. Any use of ExpertAnalytics Group, Inc. trade names, services marks or any other trade insignia shall be subject to ExpertAnalytics Group, Inc. prior written consent.
7. Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, ExpertAnalytics Group, Inc. has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent at ExpertAnalytics Group, Inc. at firstname.lastname@example.org
8. Disclaimers of Warranty
YOU EXPRESSLY AGREE THAT USE OF ExpertAnalytic Group, Inc. SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE PRODUCTS & SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ExpertAnalytics Group, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. ExpertAnalytics Group, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ExpertAnalytics Group, Inc. MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ExpertAnalytics Group, Inc. ExpertAnalytics Group, Inc. DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL ,OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL ExpertAnalytics Group, Inc. ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("ExpertAnalytics Group Inc. AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS, OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF ExpertAnalytics Group Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY ExpertAnalytics Group Inc. SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE SERVICES. ALL EXPERTANALYTICS GROUP SERVICES ARE NON REFUNDABLE.
10. No Agency
ExpertAnalytics Group, Inc. is completely independent from you. You agree that you are not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or any other similar type of relationship with ExpertAnalytics Group, Inc. and no such relationship(s) are intended, nor created by this Agreement.
ExpertAnalytics Group, Inc. provides its Services and Site to Users on the assumption that you will act professionally and responsibly. If you do not, you must bear full responsibility for your actions. As a User of the ExpertAnalytics Group Inc. Services, you agree to defend, indemnify and hold harmless ExpertAnalytics Group, Inc. its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and Experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your name (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. ExpertAnalytics Group, Inc. reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of ExpertAnalytics Group, Inc. which shall not be unreasonably withheld.
12. Term, Termination
This Agreement shall be effective for as long as you use the Services. You may terminate this Agreement with or without cause. Should you choose to terminate this Agreement you will not be refunded the remaining months of your subscriptions. ExpertAnalytics Group, Inc. may terminate this Agreement immediately if, based on ExpertAnalytics Group Inc, sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of ExpertAnalytics Group, Inc. Services or Site, (ii) infringed or violated any intellectual property right of ExpertAnalytics Group, Inc. or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party. ExpertAnalytics Group, Inc. reserves the right to modify or discontinue the Service or any portion thereof with or without notice to any User. ExpertAnalytics Group, Inc. shall not be liable to any User or any third party should ExpertAnalytics Group exercise its right to modify or discontinue the Service, except that, if the service is discontinued through no fault of the User. The termination of this Agreement shall terminate your access to the Services. ExpertAnalytics Group shall not be liable to you or to any third party for termination of the Services for any reason.
13. Export Control Compliance
You agree to abide by Canada, U.S., and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the Canada and the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
14. Consumer Rights
Pursuant to California Civil Code Section 1789.3 if you are a California resident you may have these Terms of Service e-mailed to you by sending a letter to the foregoing address with your email address and a request for this information; may obtain service pricing information on membership dues, fees, charges and rates by reviewing these Terms of Service, sending a letter to the foregoing address with your email address and a request for this information or by emailing email@example.com. If you should have any complaints about ExpertAnalytics Group Services, or need further information about the Services, contact Customer Support at firstname.lastname@example.org
15. No Assignment
Your rights and obligations under this Agreement shall not be transferred or assigned directly, or indirectly without the prior written consent of ExpertAnalytics Group, Inc.
If any provision of this Agreement or portion thereof is held to be invalid, or unenforceable, the remaining provisions shall continue in full force and effect. ExpertAnalytics Group, Inc. failure to act with respect to a breach by you or others does not waive ExpertAnalytics Group, Inc. right to act with respect to subsequent or similar breaches.
17. Force Majeure
ExpertAnalytics Group, Inc. will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war, pandemic, COVID-19, illness, or act of God.
18. Applicable Law and Jurisdiction
You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the Province of Ontario and Canada, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada. The courts of the Province of Ontario located in Toronto shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either email or registered mail sent to the address you provide ExpertAnalytics Group, Inc. in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to ExpertAnalytics Group, Inc. at email@example.com and to you at the email address you provide ExpertAnalytics Group, Inc. during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained. ExpertAnalytics Group, Inc. may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications of services provided, or offered, you should cancel your membership to the Services and terminate this Agreement. You will not be issued a refund for memberships, or services if you cancel your membership.
20. Accessing the Web Portal and Account Security
We reserve the right to withdraw or amend this Web Portal (Website), and any service or material we provide on the Web Portal, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Web Portal is unavailable at any time, or for any period. From time to time, we may restrict access to some parts of the Web Portal to users, including registered users.
21. You are responsible for:
22. Compliance with Confidentiality Obligations HIPAA & PIPEDA
To the extent you have a written agreement with us regarding the protection of confidential information and/or protected health information (“PHI”), you agree to comply with the terms of that agreement in your use of the Web Portal, including the submission of any PHI in connection therewith. Alternatively, if you are a covered entity or business associate that does not have a written agreement already in place with us, then you hereby agree to the terms of our standard Business Associate Agreement or Agreement to Protect Privacy and Security of HIPAA-Protected Information and/or PIPEDA-Protected Information as applicable. You may request a copy of those agreements by emailing firstname.lastname@example.org
23. Other Terms and Conditions
24. Intellectual Property Rights
The Company name, the Company logo and all related names, logos, product and services names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
26. Prohibited Uses
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
· Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
27. User Contributions
28. Monitoring and Enforcement; Termination
29. Content Standards
30. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
31. Information About You and Your Visits to the Website
32. Web Portal, Email and Form Submissions
33. Geographic Restrictions
We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws.
34. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, 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 THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
35. Limitation on Liability
IN NO EVENT WILL THE COMPANY, 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.
37. Limitation on Time to File Claims
38. Waiver and Severability
39. Entire Agreement