ESupreme’s Terms of ServiceLast Update: January 2020
Welcome to ESupreme
The following terms of service (these “Terms of Service”), govern your access to and use of the ESupreme website, including any content, functionality and services offered on or through http://www.esupreme.ca (the “Site”) by ESupreme and, with respect to payment processing services. ESupreme will be referred hereto as “ESupreme” “we” or “us”.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the ESupreme services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request.
Buyers are users who purchase services on ESupreme.
Service Providers are sellers who are using the ESupreme platform to advertise/market their business offerings.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on ESupreme.
ESupreme Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
I Post your ad is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.
Find someone to help is where Buyers communicate with Sellers in connection with an potential service.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s ad.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the ESupreme platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with ESupreme Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on ESupreme, subject to these Terms.
Sellers are users who offer and perform services through an active order on ESupreme.
Overview (Terms in a nutshell)
- Only registered users may buy and sell on ESupreme. Registration is free.
- Buyers pay Service Providers after services have been rendered or completed.
- Orders are purchased through the Order button found on a Service Provider’s Ad.
- Service Providers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Service Providers gain statuses based on reviews of their performance and reputation.
- Users may not offer or accept payments using any method other than placing an order through ESupreme.ca.
- When purchasing an order, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their order page.
- ESupreme retains the right to use all published delivered works for ESupreme marketing and promotion purposes.
- Service Provider’s create an order on ESupreme to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their orders.
- Each order you sell and successfully complete, accredits your account with a net revenue of 95% of the purchase amount.
- ESupreme accredits Sellers once an order is completed. See our orders section below for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer.
- The Service Provider’s rating is calculated based on the order reviews posted by Buyers.
- For security concerns, ESupreme 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 buyers, or associating multiple ESupreme accounts to a single withdrawal provider.
- Service Providers are responsible for paying any direct or indirect taxes, including any GST, which may apply to them depending on residency or location. Service Providers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the order page is inclusive of all such taxes and charges that may apply to the Sellers.
- Appointment as Limited Payment Collection Agent: Seller hereby appoints ESupreme as Service Providers limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Service Provider. Service Providers agrees that payment from Buyer to ESupreme shall be considered the same as payment made directly to Service Provider. Buyer’s payment obligation to the Service Provider will be satisfied upon receipt of payment by ESupreme (or its Payment Services Provider, as applicable), and ESupreme (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Service Provider in the manner described in these Terms of Service. In the event that ESupreme (via Payment Services Provider) does not remit any such amounts to Service Provider, the Service Provider will have recourse only against ESupreme and not the Buyer directly. Service Providers agree that ESupreme may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that ESupreme may deem necessary or prudent.
- ESupreme partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Service Providers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the ESupreme platform are performed by ESupreme’s Payment Services Providers.
- 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.
ESupreme is all about helping Service Providers leverage their skills. We seek to empower top rated Service Providers with helpful tools to grow their business. Service Providers who have higher ratings will naturally grow their business organically through good service provided and reviews reflecting as such.
ESupreme Service Providers have access to several exclusive features that help customize the way their services can be advertised.
- To withdraw your revenue, you must have an account with at least one of ESupreme’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with ESupreme’s Payment Services Provider. All payment services, including withdrawal services will be provided by ESupreme’s Payment Services Provider.
- Your ESupreme profile can be associated with only one account from each ESupreme withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one ESupreme profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period after the order is marked complete.
- To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
- Withdrawals can only be made in the amount available to you.
- Withdrawal fees vary depending on the withdrawal method.
- Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
- You may not offer direct payments to Service Providers using payment systems outside of the ESupreme platform.
- ESupreme retains the right to use all publicly published delivered works for ESupreme marketing and promotional purposes.
- Buyers pay ESupreme to create an order from a Service Provider’s Ad, using the Order Now button.
- ESupreme partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Service Providers, and holding funds in connection with ESupreme Balances. All payments services in connection with the collection of funds on the ESupreme platform are performed by ESupreme’s Payment Services Providers.
- ESupreme’s serves as the Service Provider’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Service Provider. Buyer’s payment obligation to Service Provider will be satisfied upon receipt of payment by ESupreme (or its Payment Services Provider, as applicable), and ESupreme (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Service Provider in the manner described here. In the event that ESupreme (via Payment Services Provider) does not remit any such amounts to Service Provider, the Service Provider will have recourse only against ESupreme and not the Buyer directly once ESupreme has received the payment from the Buyer.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Service Providers through ESupreme.ca by modifying the existing order.
- In most locations, purchases on ESupreme can be made by using one of the following payment methods: Credit Card, PayPal, ESupreme Credits or existing ESupreme Balance. Additional payment methods may apply in certain locations.
- Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees.
- Your existing ESupreme Balance will be automatically applied to your next purchase.
- You may not offer Service Providers to pay, or make payment using any method other than through the ESupreme.ca site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support
- By using any payment method and/or providing payment details for making purchases on ESupreme, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on ESupreme; and (d) such actions do not violate any applicable law.
- Buyers may be charged with indirect taxes (such as PST or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.
- Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- Feedback reviews provided by Buyers while completing an Order are an essential part of ESupreme’s rating system. Reviews demonstrate the Buyer’s overall experience with the Service Providers and their service. Buyers are encouraged to communicate with the Service Provider any concerns experienced during their active order in regards to the service provided by the Service Provider.
- 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.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the ESupreme platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the ESupreme 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 Service Provider’s order page.
- Withholding the delivery of services, files, or information required to complete the order’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Service Providers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Feedback reviews are unavailable for orders made through the Logo Maker.
Disputes and Cancellations
We encourage our Buyers and Service Providers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact ESupreme’s Customer Support department for assistance.
- Order cancellations can be performed on ESupreme, when eligible, by Customer Support or Resolution Center.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a Buyer or Service Provider encounters an issue related to the service provided in an order, you are encouraged to use the Site’s contact details to attempt to resolve the matter. ESupreme is designed to assist in the advertising and marketing for Service Providers and has no responsibility in how the services are executed.
- ESupreme, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer.
- Revisions to deliveries can be performed by Service Providers based on their agreement and customer care. Service Providers may determine the amount of revisions offered to Buyers, including no revisions.
- Requests for revisions can be performed by communicating directly with the Service Provider.
- ESupreme encourages Buyers and Service Providers to resolve service disputes mutually and independently.
- Eligibility for requests to ESupreme to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service, general misconduct, and improper usage of the ESupreme delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer and the transaction will be reversed.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Service Provider if the service was rendered as described in the order. Buyers may rate their experience with the Service Provider, including the overall level of service quality received, once the order is complete.
- Buyers must use ESupreme contact form to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Service Provider of issues related to the Service Provider’s service and will allow Service Providers to provide a resolution first. This does not include non-permitted usage of ESupreme.
- Any non-permitted usage of ESupreme encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of ESupreme’s Terms of Service.
- ESupreme Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active Orders (after the Buyer submits their requirements and before the Service Provider delivers on ESupreme)
- The Service Provider is late and unresponsive for more than 24 hours after the job was agreed to be 100% completed.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Service Provider’s delivery.
- The user is no longer an active ESupreme user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
- The Service Provider uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Service Provider delivers no proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Seller requests additional payments, on or off the ESupreme platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Service Provider is withholding the final delivery of services for improved ratings.
- Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
- Completed Orders (after the order is marked as complete and before the 14 day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- ESupreme Customer Support will review cases of Order delivery manipulation that prevents Buyers and Service Provider from fully utilizing our contact page that enabled the order to be marked as complete.
- Active Orders (after the Buyer submits their requirements and before the Service Provider delivers on ESupreme)
User Conduct and Protection
ESupreme enables people in Canada to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on ESupreme reflect the diversity of an expanding economy. Members of the ESupreme community communicate and engage through orders, social media, and on ESupreme’s Community Forums.
ESupreme maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of ESupreme. This section relates to the expected conduct users should adhere to while interacting with each other on ESupreme.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- 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 ESupreme in order to circumvent or abuse the ESupreme messaging system or ESupreme platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- ESupreme 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.
- ESupreme does not provide protection for users who interact outside of the ESupreme platform.
- All information and file exchanges must be performed exclusively on Esupreme’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.
- ESupreme is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through ESupreme to contract, engage with, or pay outside of ESupreme.
- Users with the intention to defame competing Service Providers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our team.
- 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.
- ESupreme reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Service Provider’s favor. If the chargeback case allows, ESupreme (or one of ESupreme’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our 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 privileges or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – ESupreme does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on ESupreme should be friendly, constructive, and professional. ESupreme 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.
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 ESupreme will not be protected by our Terms of Service.
Authentic ESupreme Profile – You may not create a false identity on ESupreme, misrepresent your identity, create a ESupreme 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. ESupreme 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.).
Intellectual Property Claims – ESupreme will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use ESupreme 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 ESupreme community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to ESupreme’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on ESupreme. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell ESupreme accounts.
The Site, including its general layout, design and content, is exclusively owned by ESupreme and protected by copyright and trademark law. ESupreme® are all registered trademarks owned exclusively by ESupreme. 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 applications): (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 Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- ESupreme reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of ESupreme’s Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on ESupreme.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to ESupreme’s approval.
- Disputes should be handled using ESupreme’s dispute resolution tools or by contacting ESupreme Customer Support.
- ESupreme may make changes to its Terms of Service from time to time. When these changes are made, ESupreme will make a new copy of the terms of service available on this page.
- You understand and agree that if you use ESupreme after the date on which the Terms of Service have changed, ESupreme will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to ESupreme by our users (Buyers and Service Providers) is User Generated Content. ESupreme does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, ESupreme is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the orders, their delivery, any communications between Buyers and Service Provider. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
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 ESupreme.
Ownership and limitations: When purchasing a service on ESupreme, unless clearly stated otherwise on the Service Provider’s ad, 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 Service Provider, and the Service Provider waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the Canadian Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when the Canadian Copyright Act does not apply, the Service Provider expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the order and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Service Provider assigns all rights, title and interest in the delivered work. Some orders (including for custom created work) charge additional payments. This means that if you purchase the order for personal use, you will own all rights you require for such use, and will not need the Commercial Use License.
Service Providers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Service Providers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to ESupreme, including order texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by ESupreme for no consideration for marketing and/or other purposes.
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Limitation on Liability
IN NO EVENT WILL ESUPREME, 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.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SERVICE PROVIDER, ESUPREME AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SERVICE PROVIDER.
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 Esupreme, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.