Terms of Service

Webdmy’s Terms of Service Last update: May 2016 Welcome to Webdmy.com. Webdmy.com is a marketplace platform for Buying and selling Ready to Launch and custom websites performed by its users. The following terms and conditions (these “Terms of Service”), govern your access to and use of the Webdmy website, including any content, functionality and services offered on or through www.Webdmy.com (the “Site”), by Webdmy LLP., as applicable. 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 to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page. 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 Webdmy 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. Key Terms Ready to Launch/Custom websites and website related services are services are offered on Webdmy. Sellers are users who offer and develop Ready to Launch/Custom Websites and website related Services and post on Webdmy. Buyers are users who purchase Ready to Launch/Custom Websites and website related Services on Webdmy. Post Website Page is where the seller can describe their Ready to Launch Website and website related services, and the buyer can purchase the Website and website related 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 Webdmy.com 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. Payment is the money sellers earn from completed orders. Extras are additional services offered on top of the Seller’s Base Ready to Launch Website for an additional price defined by the Seller. Overview (Main terms, in a nutshell)
  • Ready to Launch/Custom websites are offered at minimum $20 and website related services are offered at a base price of $4.
  • Only registered users may buy and sell on Webdmy. Registration is free.
  • Sellers posting website, Should have required rights to use the themes or plugins to install on the client website. E.g Seller show own the theme or should have the developer rights of the theme/plugin.
  • Buyers pay Webdmy in advance to create an order.
  • Orders are purchased through the Buy For button found on a seller’s Website and website related page or through a Custom Offer. For fees and payments please read the purchasing section below.
  • Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Extras
  • 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 Webdmy.com.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Website and website related page or through a Custom Offer page.
  • Webdmy retains the right to use all published delivered works for Webdmy marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service.
Sellers Basics
  • Each order you sell and successfully complete, a commission of 14% will be deducted.
  • Webdmy accredits sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
  • Payments are only made available for withdrawal from the Payment page following a safety clearance period of 5 days after the order is marked as complete.
  • Withdrawals from your account may become disabled upon review of our Support 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 Webdmy profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by our Supportteam 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 Payments using one of Paypal account.
  • 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).
Ready to Launch/Custom websites and website related services
  • Sellers are allowed to post a select amount of active Ready to Launch/Custom websites and website related services based on their Level status.
    • 10 Ready to Launch/Custom websites and website related services for sellers without a Level status.
    • 20 Ready to Launch/Custom websites and website related services for Level 1 sellers.
    • 30 Ready to Launch/Custom websites and website related services for Level 2 sellers.
    • 50 Ready to Launch/Custom websites and website related services for Star Rated sellers.
  • Ready to Launch/Custom websites and website related services created on Webdmy are User Generated Content (Refer section below).
  • Ready to Launch/Custom websites and website related services may be removed by Webdmy 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 found below sections.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Ready to Launch/Custom websites and website related services
    • Spam, Nonsense, or Violent Ready to Launch/Custom websites and website related services
    • Ready to Launch/Custom websites and website related services misleading to buyers, including violations of third party terms of service
    • Reselling of regulated goods
  • Ready to Launch/Custom websites and website related services that are removed for violations mentioned above, may result in the removal of the seller’s account.
  • Ready to Launch/Custom websites and website related services that are removed for violations are not eligible to be restored or edited.
  • Ready to Launch/Custom websites and website related services may be removed from our Search feature due to poor performance and/or user misconduct.
  • URLs in your Ready to Launch Website description text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Webdmy.
  • Ready to Launch/Custom websites and website related services are required to have an appropriate image related to the website offered. Options to upload 4 additional images are available to all sellers.
  • Ready to Launch admin dashboard Video can be uploaded through youtube and make available on Webdmy.
  • Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
Levels Webdmy is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Webdmy may reward them with new statuses, special opportunities, benefits, and tools that come with it.
  • Webdmy sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found below section.
  • Advancement in Levels are updated periodically by an automated system.
  • The current Levels a seller can achieve are, Level 1, 2, and Star Rated.
  • Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and cancellations can cause a seller to move to a different Level.
Star Rated Sellers
  • Star Rated Sellers are chosen manually by Webdmy editors based on seniority, volume of sales, extremely high rating, exceptional customer care and community leadership. Star Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
  • Star Rated eligibility is constantly evaluated by Webdmy to ensure that the quality standards of the Star Rated selection is kept. Star Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, or violate our Terms of Service risk losing their Star Rated status and the benefits that come with it.
    Custom Offer
  • Sending Custom Offers is enabled to sellers, if they have posted atleast one Ready to Launch website for sale.
  • Sellers can also send Custom Offers addressing specific requirements of a buyer. Custom Offers are defined by the seller with the exact description of the website, the price and the time expected to deliver the website.
  • Custom Offers are sent from the conversation page.
Withdrawing Payments
  • To withdraw your Payment, you must have an account with Paypal.
  • Your Webdmy profile can be associated with only one account in Paypal. A withdrawal provider account can be associated with only one Webdmy profile.
  • Payments are only made available for withdrawal from the Payment page following a safety clearance period of 10 days after the order is marked as complete.
  • To withdraw your available Payment, you must click on the withdraw button on Payment page to initiate the withdrawal process
  • Withdrawals can only be made in the amount available to you.
  • Withdrawal fees
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
Withdrawal Fees
Provider Fee Service Availability
PayPal 2% of the sum withdrawal amount up to $1 For a list of PayPal services by country click here
Important notice regarding fees: The fees listed above are PayPal’s.These are not fees charged by Webdmy. Buyers Basics
  • You may not offer sellers to pay, or make payment using any method other than through the Webdmy.com site.
  • Webdmy retains the right to use all published delivered works for Webdmy marketing and promotional purposes.
  • Buyers may request a specific website from the Post a Request feature found from the Shopping dashboard. Custom Website requested on Webdmy must be an allowed Website on Webdmy. Please click below section for guidelines on approved services.
  • Buyers pay Webdmy to create an order from a seller’s listed website page, through the Pay For button.
  • In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site
  • Ready to Launch/Custom websites and website related services may be purchased using a Credit Card, PayPal
  • A 5% of the Product value is charged as processing fee to the buyers.
  • If you have funds in your account balance, either from your Shopping or available Payment 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 Webdmy.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.
Orders Basics
  • Once payment is confirmed, your order will be created and given a unique order number.
  • Orders purchased with a combination of  unique orders with additional services added to each order.
  • Sellers must deliver completed Website and/or proof of work using the Deliver Work button (located on the Order page) according to the Website that was purchased and advertised on their Posted website.
  • 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 Request Mutual cancellation button in the order page. If for any reason this fails, users can contact Webdmy’s customer support department for assistance here.
  Handling Orders
  • When a buyer orders a Ready to Launch Website, 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 Ready to Launch/Custom websites and website related services. 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 Install/Develop the website on the buyers domain name 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. Webdmy 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 with the buyer’s consent at any given moment (Mutual 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 Website do not match the seller’s description on their website 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 Webdmy’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 Website and Extra services provided by the seller.
  • Leaving a buyer’s feedback is a basic choice 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 Webdmy platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Webdmy 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 Ready to Launch Website 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.
  • Withholding the delivery of Website, files, or information required to complete the Website 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.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.
Stock Images
  • In some Ready to Launch/Custom websites and website related services offered on Webdmy you will be able to use Stock Images.
  • Buyers needs to use their own stock images after the Ready to Launch/Custom website is delivered to you
  • 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 Webdmy’s customer support department for assistance here
Themes and Plugins
  • Sellers must have an appropriate access to use the themes and plugins to develop and sell commercially for the client
  • Seller is the sole responsibility if  there are any Theme and plugin usage Violations and the respective theme or plugin developer can contact Webdmy’s customer support department for assistance here and after investigation the listed Website will be removed from Webmdy.com
  • Seller should not share any theme or plugin files to the buyer directly. Required theme or plugin should be installed directly on buyer website
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 Webdmy’s Customer Support department for assistance here.
  • Webdmy will not cancel orders after buyer has confirmed the order
  • 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 Webdmy delivery system.
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the Website was rendered as described in the Website page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
  • Webdmy reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  • Webdmy 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 Webdmy.
  • 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.
User Conduct Webdmy enables people around the world to create, share, sell and purchase nearly any Website they need at an unbeatable value. Websites offered on Webdmy reflect the diversity of an expanding economy. Members of the Webdmy community communicate and engage through orders, social media, and on Webdmy’s Community Forums. Webdmy maintains a friendly and professional environment. Users should keep to that spirit while participating in any activity or extensions of Webdmy. This section relates to the expected conduct users should adhere to while interacting with each other on Webdmy. Basics
  • 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 Webdmy in order to circumvent or abuse the Webdmy messaging system or Webdmy platform is not permitted.
  • Any necessary exchange of personal information required to continue a order may be exchanged within the order page.
  • Webdmy 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.
  • Webdmy does not provide protection for users who interact outside of the Webdmy platform or that are actively violating our Terms of Service.
  • All information and file exchanges must be performed exclusively on Webdmy’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.
Reporting Violations If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Support team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Violations Users may receive a warning to their account for violations of our Terms 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. Non-Permitted Usage Adult Services & Pornography – Webdmy does not allow any exchange of adult oriented or pornographic materials and Websites. Inappropriate Behavior & Language – Communication on Webdmy should be friendly, constructive, and professional. Webdmy 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 – Webdmy 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 Website 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 Webdmy will not be protected by our Terms of Service. Intellectual Property Claims – Webdmy will respond to clear and complete notices of alleged copyright or trademark infringement. Fraud / Unlawful Use – You may not use Webdmy 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 Webdmy community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Webdmy’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 Webdmy. This includes creating new multiple accounts to harass members through our message or ordering system. Selling Accounts – You may not buy or sell Webdmy accounts. General Terms
  • Webdmy 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 Webdmy’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Webdmy.
  • 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 Payments from disabled accounts after a safety period of 30 days, from the day of the last cleared payment received in their account and subject to Webdmy’s approval.
  • Disputes should be handled using Webdmy’s dispute resolution tools (Mutual Cancellation’ on the order page) or by contacting Webdmy Customer Support.
  • Webdmy may make changes to its Terms of Service from time to time. When these changes are made, Webdmy will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Webdmy after the date on which the Terms of Service have changed, Webdmy 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 Webdmy by our users (Buyers and Sellers) is User Generated Content. Webdmy 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, Webdmy is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Ready to Launch/Custom websites and website related services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Ready to Launch/Custom websites and website related service offers. By offering a Ready to Launch/custom Website, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the Website is offered on Webdmy. Sellers advertising their Website 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 Website listed and may lead to the suspension of seller’s account. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Ownership Ownership and limitations: Unless clearly stated otherwise on the sellers Website 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. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Website and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created Website the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Ready to Launch/Custom websites and website related services (including for custom created work) charge additional payments (through Extras) for a Commercial Use License. This means that if you purchase the Website 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 Extra(This is solely depends on the seller) 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 Website to the buyer. Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Webdmy, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered Website, may be used by Webdmy for no consideration for marketing and/or other purposes. Commercial Use License 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 Webdmy’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 Webdmy 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 WEBSITE OR WEBSITE SERVICES 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 WEBDMY NOR ANY PERSON ASSOCIATED WITH WEBDMY 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 WEBDMY, 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 PAYMENT, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF — USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CA– USED 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.