Impartial World Terms of Service

The following terms of service (these "Terms of Service"), govern your access to and use of the Impartial World website and mobile application, including any content, functionality and services offered on or through www.Impartialworld.com or the Impartial World mobile application (the "Site").

 

  1. KEY WORDS
    1. Buyers are users who purchase services on Impartial World.
    2. Chat is where Buyers and Service providers communicate with each other in connection with an ordered service
    3. Orders are the formal agreements between a Buyer and Service provider after a purchase was made from the Service provider’s service Page.
    4.  Offers are exclusive proposals that a Service provider can create in response to specific requirements of a given client/service seeker.
    5. Orders are requests made by a buyer and/or service seeker to a service provider on Impartial World.
    6. Packages allow service providers to offer services in different formats and prices. Packages can include upgrades, which lets service providers to price their service for a basic price, premium or gold price. 
    7. Service provider’s Account is a service provider’s account, created on Impartial World for purposes of offering a service on Impartial World
    8. Service provider is any user that opens up and runs a service provider’s Account on Impartial World App and website
    9. Service Page is where the Service provider can describe their service and the service’s terms, and the buyer can purchase the service and create an order.
    10. Services are services offered on Impartial World.

 

 In these terms of service Impartial World is referred to as "Impartial", "we" or "us" and “you” or “user” means you as a user of the Site.

 

  1. ACKNOWLEDGEMENT 

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, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and Impartial World Payment Terms (“Payment Terms”). You further acknowledge, that you have read and understood our Privacy Policy.

If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

 

  1. CAPACITY TO CONTRACT
    1. This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. 
    2.  If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. 
    3.  If you are under 13 you are not permitted to use the Site or the Impartial World services. 
    4.  By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements.

 

  1. LANGAUGE

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Impartial World makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

 

  1. REGISTRATION

Only registered users may buy and sell on Impartial World. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

 

  1. ORDERS
    1. Buyers pay Impartial World in advance to create an order which money is withheld by Impartial on a trust account until the buyer releases payment after delivery of the service by the provider and may be credited on the buyer’s wallet if the order is cancelled.
    2.  Orders are purchased through the Order button found on a Service provider’s service page or through a Custom Offer.
    3.  Service providers shall fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Service providers’ reputation and status.
    4.  Service providers shall gain ratings based on their performance on a given order.
    5.  Service Providers shall not offer or accept any payments save for payments made for successfully performed orders. 

 

 

 

  1. SERVICE PROVIDERS
    1. Service providers freely create service provider accounts on Impartial World to allow Buyers to purchase their services and may offer Custom Offers to Buyers in addition to their Services.
    2. Each service provider’s account shall be verified by Impartial World before it is displayed on Impartial World App and Website pages.
    3. Impartial World reserves the right to approve, reject or delete any service provider’s account which does not meet Impartial’s quality standards.
    4. For each service that a service provider successfully provides on the Impartial platforms, Impartial shall credit the service provider’s wallet with a revenue equal to 93% of the order amount on the service provider’s wallet.
    5. Impartial shall charge the service provider a commission of 7% of every successful order received from Impartial’s platforms save that the commission rate may be reversed from time to time.
    6. The Service provider's rating is calculated based on the order reviews posted by Buyers and high ratings shall allow Service providers to obtain advanced Service provider levels.
    7. For security concerns, Impartial World may temporarily disable a Service provider’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 Impartial World accounts to a single withdrawal provider.
    8. Service providers 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.
  2. SERVICES
    1. Service providers are allowed to post a selected amount of active Services based on their Level of expertise.
    2. Services may be removed and/or deleted by Impartial World from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
  1. Illegal or Fraudulent services
  2. Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported to our Administration team.
  3. Adult oriented services, Pornographic, Inappropriate/Obscene materials.
  4. Intentional copies of Services
  5. Spam, nonsense, or violent or deceptive Services
  6. Services misleading to Buyers or others
  7. Reselling of regulated goods and/or services
  8. Offering to prepare academic works on behalf of Buyers
  9. Exceedingly low quality Services
  10. Promoting Impartial World and/or Impartial World Services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
    1. Services that are removed for violations mentioned above, may result in the suspension of the Service provider’s account.
    2. Services that are removed for violations are not eligible to be restored or edited.
    3. Services may be removed from our Search feature due to poor performance and/or user misconduct.
    4. Services are required to have an appropriate service image related to the service offered. An option to upload two additional service images are available to all Service providers. Service providers shall deliver the same quality of service as shown on their Service images. Recurring deliveries that don’t match the quality shown on the Service images may lead to the Service provider’s account losing Service provider status or becoming permanently disabled.
    5. Services may contain an approved Service Video uploaded through the Service management tools available on Impartial World.
    6. Statements on the Service Page that undermine or circumvent these Terms of Service are prohibited.
    7. Eligible Services in select Categories may set up service Packages to offer their services in structured formats with multiple price points for the selected service.

 

  1. RATINGS

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

 

  1. IMPARTIAL WORLD BUSINESS CATALOG

Impartial World Business is a freelance platform tailor-made for larger teams and businesses. Service providers on the Impartial World Business catalog are required to comply with certain professional standards. Eligible Service providers whose Services are included in the Impartial World Business catalog will be regularly evaluated by Impartial World to ensure their high-quality professionalism is kept. Impartial World reserves the right to remove Service providers and Services from the Impartial World Business catalog.

 

  1. CUSTOM OFFER
    1. Service providers can also send Custom Offers addressing specific requirements of a Buyer and such custom Offers shall be defined by the Service provider with the exact description of the service, the price and the time expected to deliver the service.
    2. Custom Offers shall be sent from the chat page and the Services provided through Custom Offers shall not violate Impartial World’s Terms of Service and/or our Community Standards.

 

  1. SERVICE SUBSCRIPTION
    1. Service providers may offer Buyers a fixed term subscription for a specific service (the “service Subscription”). During the Service Subscription term, Service providers will deliver one Order of the same Service on a recurring basis, as agreed between the Service provider and Buyer.
    2.  Buyers may cancel future Orders under the Service Subscription before payment is made for such future Orders. In such case, the Orders under the Service Subscription will be cancelled, as applicable. 

 

  1. SHIPPING PHYSICAL DELIVERABLES
    1. Some of the services on Impartial World are delivered physically (arts and crafts, collectable items, etc.). For these types of Services, Service providers may decide to define a shipping pricing factor. Shipping costs added to a Service shall only cover the cost Service providers require to ship physical items to Buyers
    2. Services that include a shipping pricing factor must have physical deliverables sent to Buyers.
    3. Buyers who purchase Services that require physical delivery, will be asked to provide a shipping address to the service providers and the Service providers shall be responsible for all shipping arrangements once the Buyer provides the shipping address.
    4. Impartial World does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
    5. A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
  2. BUYERS
    1. All payments to service providers by buyers shall be directly done on the Impartial Platforms and buyers shall not offer direct payments to Service providers using payment systems outside of the Impartial World platforms.
    2. Impartial World retains the right to use all publicly published delivered works for Impartial World marketing and promotional purposes.
    3. Buyers may request a specific service from the ‘Post a Request’ button. Any Service requested on Impartial World must be an allowed service on Impartial World. Buyers should refrain from using the “Post a Request” button for any purpose other than looking for services on Impartial World.
  3. ORDERS
    1. A Buyer with sufficient balance on his/her wallet may place an order for any service of his/her choice on Impartial World and once payment is confirmed, the order will be created and given a unique Impartial World order number.
    2. Service providers must deliver completed files and/or proof of work using “request client payment” button (located on the Order page) according to the service that was purchased and advertised on their Service.
    3. The request client payment button shall not be abused by Service providers to circumvent Order guidelines described in these Terms of Service. Using the “request client payment” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Service provider’s rating and result in a warning to the Service provider.
    4. An Order is marked as Complete after the buyer has released payment to the service provider. 
    5. A buyer may request for service revision if not satisfied with the quality of work delivered by the provider and may revise or cancel the order at this point.
    6. Certain Service orders might require Buyers and Service providers to meet in person in order for the Service provider to perform the service. In such cases, Impartial World does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Service provider. Both Buyers and Service providers agree that the entire risk arising out of their meeting and/or their use or performance of such services remains solely with them, and Impartial World has no responsibility or liability related to any services provided by the Service providers. 
    7. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. 

 

  1. HANDLING OF ORDERS
    1. When a Buyer orders a Service, the Service provider is notified by email as well as notifications on the site while logged into the account.
    2. Service providers 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 Service provider's status.
    3. Service providers must send completed files and/or proof of work using the request client payment button (located on the Order page) to mark the Order as Delivered.
    4. Buyers are responsible for scanning, checking and verifying all delivered work to ascertain its compatibility to the order request. 
    5. Buyers may use the "Request Revisions" feature located on the Order Page while an Order is marked as request client payment if the delivered materials do not match the Service provider's description on their Service page or they do not match the requirements sent to the Service provider at the beginning of the order process.
    6. A buyer satisfied with the work delivered shall release payment by selecting on the “Release payment” button located on the Order page.

 

  1. REVIEWS
    1. Feedback reviews provided by Buyers while completing an Order are an essential part of Impartial World's rating system. Reviews demonstrate the Buyer's overall experience with the Service providers and their service. Buyers are encouraged to communicate to the Service provider any concerns experienced during their active order in regards to the service provided by the Service provider.
    2. Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
    3. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Impartial World platform from users within our Community. Purchases arranged, determined to artificially enhance Service provider ratings, or to abuse the Impartial World platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
    4. Feedback comments given by Buyers shall be publicly displayed on a Service Provider’s Service page.
    5. Work Samples are the delivered images and videos sent to a Buyer in a chat. Work Samples are added to a Service Provider’s Live Portfolio on their Service page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
    6. 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.
    7. Service providers shall not solicit for the removal or amendment of feedback reviews from their Buyers.
    8. Once the Buyer submits his/her review, the Service provider will receive a notification and will also have the opportunity to leave a review about working with the Buyer.
    9.  Once both reviews from the Buyer and Service provider have been published, the Service provider may reply to the Buyer’s review from the Order page, seen on the Service Provider’s Service page, beneath the Buyer’s feedback.
  2.  DISPUTES AND CANCELLATIONS

We encourage our Buyers and Service providers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Impartial World's Customer Support department for assistance.

  1. USER CONDUCT AND PROTECTION
    1. To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Impartial World in order to circumvent or abuse the Impartial World messaging system or Impartial World platform is not permitted.
    2. Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
    3. Impartial World 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.
    4. Impartial World does not provide protection for users who interact outside of the Impartial World platform and all information and file exchanges must be performed exclusively on Impartial World's platform.
    5. 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.
    6. Impartial World is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
    7. Users may not submit proposals or solicit parties introduced through Impartial World to contract, engage with, or pay outside of Impartial World.
    8. Users are to refrain from spamming or soliciting previous Buyers or Service providers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
    9. Users may report Services to Customer Support that may be in violation of Impartial World’s Terms of Service based on the reported Service’s replicated similarity to pre-existing services (copycat Services).
    10. Service providers warrant that any content included in their Services shall be original work conceived by the Service providers 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, Service providers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Services.

 

  1. WARNINGS FOR VIOLATIONS.

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Administration 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 Service provider statuses or becoming permanently disabled based on the severity of the violation.

 

  1. NON-PERMITTED USAGE

The following services, activities and/or communications shall not be offered, permitted, approved and/or allowed on Impartial World platforms;

  1. Adult Services & Pornography - Impartial World does not allow any exchange of adult oriented or pornographic materials and services.
  2. Inappropriate Behavior & Language - Communication on Impartial World should be friendly, constructive, and professional. Impartial World 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.
  3. 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.
  4. Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Service providers 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 Impartial World will not be protected by our Terms of Service.
  5. Authentic Impartial World Profile - You may not create a false identity on Impartial World, misrepresent your identity, create an Impartial World profile for anyone other than yourself (a real person), 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. Impartial World reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
  6. Intellectual Property Claims - Impartial World will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
  7. Fraud / Unlawful Use - You may not use Impartial World for any unlawful purposes or to conduct illegal activities.
  8. Multiple Accounts - To prevent fraud and abuse, users are limited to one active Impartial World account and one active Impartial World service provider account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Impartial World community will be disabled. Mass account creation may result in disabling of all related accounts. 
  9. Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Impartial World. This includes creating new multiple accounts to harass members through our message or ordering system.
  10. Selling Accounts - You may not buy or sell Impartial World accounts.

 

  1. PROPRIETARY RESTRICTIONS
    1. The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Impartial World and protected by copyright, trademark, and other intellectual property laws. 
    2. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile application);
  1. copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; 
  2. reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization;
  3. remove any copyright notice, identification or any other proprietary notices; 
  4. use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; 
  5. attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; 
  6. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; 
  7. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, 
  8. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, 
  9. use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or 
  10. access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

 

  1. Except for the limited right to use the Site according to these Terms of Service, Impartial World owns all rights, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content including, without limitation, the exclusive right to create derivative works.

 

  1. FEEDBACK RIGHTS

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

 

 

  1. CONFIDENTIALITY

Service providers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Service providers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Service providers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Service providers specifically agree to;

  1. maintain all such information in strict confidence; 
  2. not disclose the information to any third parties; 
  3. not use the information for any purpose except for delivering the ordered work; and 
  4. not to copy or reproduce any of the information without the Buyer’s permission.
  1. GENERAL TERMS
    1. Impartial World reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
    2. Violation of Impartial World's Terms of Service and/or our Community Standards may get your account disabled permanently.
    3. Users with disabled accounts will not be able to sell or buy on Impartial World.
    4. Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
    5. Users have the option to enable account Security features to protect their account from any unauthorized usage.
    6. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
    7. Disputes should be handled using Impartial World's dispute resolution mechanisms or by contacting Impartial World Customer Support.
    8. Impartial World may make changes to its Terms of Service from time to time. When these changes are made, Impartial World will make a new copy of the terms of service available on this page.
    9. You understand and agree that if you use Impartial World after the date on which the Terms of Service have changed, Impartial World will treat your use as acceptance of the updated Terms of Service.

 

  1. USER GENERATED CONTENT
    1. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Impartial World by our users (Buyers and Service providers) is User Generated Content. Impartial World does 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. 
    2. By uploading to, or creating content on the Impartial World 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 Site does not and shall not;
  2. infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; 
  3. violate any applicable local, state, federal and international laws, regulations and conventions; and/or 
  4. violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

 

  1. Furthermore, Impartial World is not responsible for the content, quality or the level of service provided by the Service providers. We provide no warranty with respect to the Services, their delivery, any communications between Buyers and Service providers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
  2.  By offering a service, the Service provider undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Impartial World. 

 

  1. OWNERSHIP

When purchasing a Service on Impartial World, unless clearly stated otherwise on the Service Provider’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, copyright in the work delivered from the Service provider, and the Service provider waives any and all moral rights therein. 

Accordingly, the Service provider expressly assigns to the Buyer the copyright in the delivered work. 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. 

 

  1. DISCLAIMER OF WARRANTIES

Your use of the site, its content and any services or items obtained through the site is at your own risk. The site, its content and any services or items obtained through the site are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither impartial world nor any person associated with impartial world makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

29. LIMITATION OF LIABILITY

In no event will impartial world, 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 site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site 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.

 

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