Terms of service
Fivelira®'s Terms of Service
Welcome to Fivelira is a marketplace platform for services performed by its users.
The following terms and conditions (these "Terms of Service"), govern your access to and use of the Fivelira website, including any content, functionality and services offered on or through www. Fivelira.com (the "Site"), by Fivelira International Ltd
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 Fivelira services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Gigs® are services offered on Fivelira.
Sellers are users who offer and perform services through Gigs on Fivelira.
Buyers are users who purchase services on Fivelira.
Gig Page is where the seller can describe their Gig and the Gig’s terms, and the buyer can purchase the Gig and create an order.
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.
Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Gig Page.
Order Page is where buyers and sellers communicate with each other in connection with an ordered Gig.
Disputes are disagreements experienced during an order between a buyer and seller.
Revenue is the money sellers earn from completed orders.
Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
Gig Multiples are additional quantities of unique orders from the sellers Gig.
Overview (Main terms, in a nutshell)
- Most Gigs® on Fivelira are offered at a base starting price of $50. Some Gigs are offer at a base price of more than $50.
- Only registered users may buy and sell on Fivelira. Registration is free.
- Buyers pay Fivelira in advance to create an order.
- Orders are purchased through the Order button found on a seller’s Gig page or through a Custom Offer.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through Fivelira.com.
- Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License.
- Fivelira retains the right to use all published delivered works for Fivelira marketing and promotion purposes.
- Each order you sell and successfully complete, accredits your account with a net revenue of 70% of the purchase amount.
- Fivelira accredits sellers once an order is completed.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
- Withdrawals from your account may become disabled upon review of our Trust & Safety team. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from buyers to our Customer Support team, or if another Fivelira profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by our Trust & Safety team following a review of your account.
- If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
- Sellers may withdraw their revenues using one of Fivelira’s withdrawal options.
- The seller's rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).
- Gigs created on Fivelira are User Generated Content.
- Gigs may be removed by Fivelira for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement
- Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Gigs
- Spam, Nonsense, or Violent Gigs
- Gigs misleading to buyers, including violations of third party terms of service
- Reselling of regulated goods
- Gigs that are removed for violations mentioned a bove, may result in the removal of the seller’s account.
- Gigs that are removed for violations are not eligible to be restored or edited.
- Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
- URLs in your Gig text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Fivelira.
- Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all sellers.
- Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Fivelira.
- Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
- To withdraw your revenue, you must have an account with at least one of Fivelira's withdrawal providers.
- Your Fivelira profile can be associated with only one account from each Fivelira withdrawal providers. A withdrawal provider account can be associated with only one Fivelira profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
- 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 provider / method.
- Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
2% of the sum withdrawal amount up to $1
Important notice regarding fees:
The fees listed above are PayPal's or MasterCard's fees. These are not fees charged by Fivelira.
- You may not offer sellers to pay, or make payment using any method other than through the Fivelira.com site.
- Fivelira retains the right to use all published delivered works for Fivelira marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on Fivelira must be an allowed service on Fivelira.
- Buyers pay Fivelira to create an order from a seller’s Gig page, through the Order Now button.
- In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site or through Fivelira Anywhere.
- Gigs may be purchased using a Credit Card, PayPal Fivelira Credit, and in certain countries Skrill.
- Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. Current fees assessed to the total purchase amount are 30% on purchases. When purchasing from your seller's balance (i.e. out of your earned revenues) or buyer's shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
- If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
- You may not offer sellers to pay, or make payment using any method other than through the Fivelira.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- Once payment is confirmed, your order will be created and given a unique order number.
- Orders purchased with a combination of Gig Extras and Gig Multiples are multiple unique orders with additional services added to each order.
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.
- Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
- An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
- We encourage our buyers and sellers to try and settle conflicts amongst themselves, including by using the Resolution Center tab in the order page. If for any reason this fails, users can contact Fivelira 's customer support department for assistanc.
- When a buyer orders a Gig, the seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller's rating.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Fivelira will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- A Seller may cancel an order without the buyer's consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller's rating.
- Buyers may use the "Request Modifications" feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller's description on their Gig page or the requirements sent to the seller at the beginning of the order process.
- Feedback reviews provided by buyers while completing an order are an essential part of Fivelira 's rating system. Reviews demonstrate the buyer's overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
- Leaving a buyer's feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Fivelira platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Fivelira platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by buyers are publicly displayed on a seller’s Gig page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
- Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a sellers’ Live Portfolio on their Gig page if the buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review (or 14 days for Gigs with shipping). If no response is provided within the response period, the order will be considered completed.
- Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
- In some Gigs offered on Fivelira you will be able to use Stock Images.
- Stock Images are offered as part of the Gig only from a catalog found on Fivelira (the “Stock Image(s)”). When choosing the Extra of Stock Images, the Seller will use a Stock Image(s) of his selection and will provide it as part of the delivered work.
- Important: Each selected Stock Image(s) is authorized for one time use integrated with the delivered work only and not as a stand-alone or for reoccurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party.
- Important: If you will cancel an order that includes a Stock Image(s), the Stock Image(s) will be cancelled as well and you will no longer be able to use the Stock Image(s).
- When using the Stock Images, you represent and warrant the following:
- You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Image(s).
- Stock Image(s) may not be used:
- on a stand-alone basis with no other content;
- for pornographic, defamatory or other unlawful purposes;
- as templates used to create multiples copies of the same Gig;
- for the purpose of enabling file-sharing of the image file; or
- in logos, trademarks, services marks or any other branding or identifiers.
- If Stock Image(s) featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
- You may not activate the “right-click” function in Stock Image(s), remove any metadata in Stock Image(s), or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Image(s) on a stand-alone basis.
- No ownership or copyrights to Stock Image(s) are granted to you.
- Users can contact Fivelira's customer support department for assistanc.
- Some of the services on Fivelira are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
- Important: Buyers who order Gigs that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.
- Fivelira 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.
- 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.
Printing and Shipping
- Some of the services on Fivelira can be printed and physically delivered (Business Cards, Canvas/Poster Prints, T-Shirts, Flyers, Stationery, etc.).
- Important: Buyers who use the Printing and Shipping Services that require physical delivery, will be asked to provide a shipping address.
- Printing and Shipping are powered by ZenPrint, who shall be responsible for packing shipping, tracking, quality, and condition of items or their delivery.
- Upon completion of a Printing Order, Buyer will receive a confirmation email containing a Printing Order ID as well as the specific details of the Printing Order.
- Upon shipping of the Printing Order, Buyer will receive a confirmation email containing the Shipping tracking ID.
- Users can contact Fivelira's customer support department for assistanc.
Disputes and Cancellations
- We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Fivelira 's Customer Support department for assistance.
- Order cancellations (when eligible) can be performed by Customer Support only up to a period of 13 days from order completion date. We will not cancel orders after that time.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event of a dispute, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter by working it out with the seller or if not possible contact customer support for a resolution.
- Eligibility to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Fivelira delivery system.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Gig page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
- Fivelira reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- Fivelira does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the buyer's balance as credit and are available for future purchases on Fivelira. Funds returned to your balance from cancelled orders will not include processing fees paid.
- Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will be refunded along with your deposit.
Fivelira enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Fivelira reflect the diversity of an expanding Gig economy. Members of the Fivelira community communicate and engage through orders, social media, and on Fivelira’s Community Forums.
Fivelira maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Fivelira. This section relates to the expected conduct users should adhere to while interacting with each other on Fivelira.
- 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 Fivelira in order to circumvent or abuse the Fivelira messaging system or Fivelira platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- Fivelira 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.
- Fivelira does not provide protection for users who interact outside of the Fivelira platform or that are actively violating our Terms of Service.
- All information and file exchanges must be performed exclusively on Fivelira's platform.
- Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography - Fivelira does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Fivelira should be friendly, constructive, and professional. Fivelira condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam - Fivelira takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Fivelira will not be protected by our Terms of Service.
Intellectual Property Claims - Fivelira will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed.
Fraud / Unlawful Use - You may not use Fivelira 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 Fivelira community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Fivelira’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 Fivelira. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Fivelira accounts.
- Fivelira 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 Fivelira 's Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Fivelira.
- 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 45 days, from the day of the last cleared payment received in their account and subject to Fivelira 's approval.
- Disputes should be handled using Fivelira 's dispute resolution tools ('Resolution Center' on the order page) or by contacting Fivelira Customer Support.
- Fivelira may make changes to its Terms of Service from time to time. When these changes are made, Fivelira will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Fivelira after the date on which the Terms of Service have changed, Fivelira will treat your use as acceptance of the updated Terms of Service.
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Fivelira by our users (Buyers and Sellers) is User Generated Content. Fivelira 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, Fivelira is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Gigs, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Gigs® service offers.
By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Fivelira. Sellers advertising their Gig online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig and may lead to the suspension of seller's account.
Ownership and limitations: Unless clearly stated otherwise on the sellers Gig page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.
Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.
Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fivelira, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fivelira for no consideration for marketing and/or other purposes.
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fivelira’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fivelira will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIVELIRA NOR ANY PERSON ASSOCIATED WITH FIVELIRA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL FIVELIRA, 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.