# Terms of Service

The following terms and conditions (the "Ts\&Cs") constitute a legally binding agreement between you (referred to herein as "you", "your", or "User") and ripdotfun ltd., a Delaware Corporation with an office at 1606 Headway Cir #9774, Austin, TX 78754, USA ("ripdotfun", "we", "us", or "our"), governing your interaction with the Service (as defined below).

Certain services or elements of the Service, including without limitation any ripdotfun NFT (as defined below) or any ripdotfun profile hosted on a social media platform (e.g., Facebook, Twitter, Discord, or Instagram), may be subject to additional or supplemental terms, as set forth in these Ts\&Cs or in connection with such services or elements and as are herein incorporated by reference ("Supplemental Terms" and, collectively with these Ts\&Cs, the "Agreement"). If these Ts\&Cs are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such Service.

By browsing the website available at <https://rip.fun/> (the "Website"), offering for sale or selling an Asset (as defined below) through the Service, participating in the minting, purchase, acquisition, or sale of a ripdotfun NFT (either directly from us or in a Secondary Sale), making a purchase from a third party using our payment gateway (a "Third-Party Purchase"), storing an Asset with or redeeming an Asset from ripdotfun, participating in ripdotfun's Discord server or other social media properties, and/or using any of our other services (collectively, the "Service"), you expressly acknowledge and agree that you have read, understand, and agree to be bound by this Agreement.

## Important Notice

THE SERVICE INCLUDES A MARKETPLACE WHICH ALLOWS SELLERS (AS DEFINED HEREIN) TO OFFER TO SELL AND SELL ASSETS AND RIPDOTFUN NFTS TO, AND BUYERS TO OFFER TO BUY AND BUY ASSETS AND RIPDOTFUN NFTS FROM, ONE ANOTHER. ALL ASSETS AVAILABLE THROUGH THE MARKETPLACE ARE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH SALES. YOU AGREE THAT, EXCEPT WHERE RIPDOTFUN IS THE SELLER IN SUCH SALE, WE SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY SELLER OF ANY ASSET IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY SUCH ASSET.

ARBITRATION NOTICE: PLEASE READ SECTION 25 OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.

PLEASE BE AWARE THAT SECTION 11 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.

THIS AGREEMENT IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS, SO PLEASE READ CAREFULLY. BY CONNECTING YOUR WALLET (AS DEFINED BELOW) TO THE SERVICE, PURCHASING OR OFFERING TO PURCHASE RIPDOTFUN NFTS THROUGH THE SERVICE, AND/OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN.

Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Service, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

ripdotfun reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the "Last Updated" date at the beginning of these Ts\&Cs. By continuing to access or use the Service at any point after such update, you confirm your acceptance of the revised Ts\&Cs and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Agreement, you may not access or use the Service.

From time to time, certain original NFTs (each, a "ripdotfun NFT") will be made available for purchase by Users through our Website. Each ripdotfun NFT represents a certain individual asset as depicted in or otherwise corresponding to the artwork or listing information embodied by such ripdotfun NFT (the "Asset"). Each Asset is owned by the individual or entity offering such Asset for sale (the "Seller"). When an individual (the "Initial Seller") desires to offer an Asset for sale, the Initial Seller can use the Service to offer a ripdotfun NFT depicting such Asset. Ownership of an Asset is transferred at sale of the corresponding ripdotfun NFT from the Seller to the buyer of the ripdotfun NFT (the "Buyer").

## Our Service

On or before the primary sale of a ripdotfun NFT, the Seller will deliver the corresponding Asset to ripdotfun for storage in connection with such Seller's use of ripdotfun's Asset Management Services (as defined below). Upon purchase of a ripdotfun NFT, the Buyer of such ripdotfun NFT assumes the Seller's rights and responsibilities under the Seller's contract for Asset Management Services and may, subject to their ongoing compliance with this Agreement (including without limitation payment of the ripdotfun Fee (as defined below)), either continue to engage the Asset Management Services with respect to any Asset for which they own the corresponding ripdotfun NFT, offer for sale and sell such ripdotfun NFT (and the corresponding Asset) to a third party, and/or submit their ripdotfun NFT to the Service in order to terminate the Asset Management Services and request delivery of the Asset.

All pricing and payment terms for ripdotfun NFTs are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase.

We cannot, and expressly do not, guarantee that ripdotfun NFTs will be available for purchase at the time you seek to purchase one. When you purchase a ripdotfun NFT on our Website from an Initial Seller, such ripdotfun NFT is minted directly into the Wallet through which you connected to the Website and initiated payment. When you purchase a ripdotfun NFT from any then-current Seller after the Initial Seller, such ripdotfun NFT is transferred directly from the Seller to you.

Except where ripdotfun is the Buyer or Seller of a ripdotfun NFT, ripdotfun does not hold custody of, nor take ownership or possession of, any ripdotfun NFT. ripdotfun NFTs can be transferred between Wallets on the Ethereum network (or any then-compatible blockchain or comparable third-party service).

## Purchase and Sales of ripdotfun NFTs

You are responsible for ensuring that your Wallet has a sufficient amount of funds to cover the full cost of your purchase, including without limitation (i) transaction fees imposed by a third-party payment processor, (ii) any Taxes (as defined below), and (iii) Gas Fees. "Gas Fees" are fees assessed in connection with the computing energy required to process and validate transactions on a blockchain, and may fluctuate in accordance with market conditions or activity on such blockchain. ripdotfun does not receive and has no authority with respect to any Gas Fees applicable to any purchase you make.

Any payments made to us via the Website will be effectuated through the underlying blockchain. We have no control over these payments or transactions initiated through your Wallet, nor do we have the ability to reverse any such payments or transactions. ripdotfun may add or change any payment processing Service at any time. Such Service may be subject to additional terms or conditions. Whether a particular cryptocurrency is accepted as a payment method by ripdotfun is subject to change at any time in ripdotfun's sole discretion.

If you have any issues with respect to your purchase of any ripdotfun NFT, please contact us at <support@rip.fun>. We will do our best to resolve any issues in accordance with our then-current policies and procedures.

You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of our Website or transactions of any ripdotfun NFT (collectively, the "Taxes").

## Initial Seller Agreement

When an Initial Seller makes an Asset available for sale on the Service, they represent and warrant that:

* they are the owner of such Asset
* they have all rights in and to the Asset necessary to make such Asset available on the Service and to mint a ripdotfun NFT corresponding to such Asset
* they will not offer the Asset for sale on any other service or marketplace for so long as the corresponding ripdotfun NFT is available for sale
* that the Asset complies with ripdotfun's then-current Listing Guidelines

Our Asset Management Services include the receipt of Assets from Initial Sellers, the storage of Assets on behalf of the then-current owner of the corresponding ripdotfun NFT, the listing and relisting of Assets as ripdotfun NFTs, and the shipment of Assets to the then-current owner of the corresponding ripdotfun NFT upon redemption of such ripdotfun NFT.

Each purchase of a ripdotfun NFT includes a fee payable to ripdotfun for the Asset Management Services (the "ripdotfun Fee"). The ripdotfun Fee is a percentage of the total purchase price paid in the transaction, and shall be deducted from the amount paid by the Buyer and remitted to ripdotfun.

ripdotfun represents that all Assets are and will remain in the constructive possession of ripdotfun following the receipt of such Assets from the applicable Initial Seller of such Assets, until and unless such Assets are transferred to the then-current owner of the associated ripdotfun NFT.

## Asset Management Services

With respect to Pokemon trading card packs or similar collectible card products (collectively, "Card Packs") that are opened by ripdotfun for verification, authentication, or any other purposes in connection with the Asset Management Services, User hereby irrevocably assigns, transfers, and conveys to ripdotfun all right, title, and interest in and to any digital code cards, redemption codes, online promotional cards, or similar digital assets (collectively, "Digital Codes") contained within such Card Packs. User acknowledges and agrees that, upon opening of Card Packs by ripdotfun, all Digital Codes shall immediately become the exclusive property of ripdotfun, and ripdotfun shall have no obligation to deliver or transfer such Digital Codes to User. For the avoidance of doubt, the foregoing shall not apply to Card Packs that are delivered to User in their original sealed condition, and in such cases, User shall retain all rights to any Digital Codes contained therein.

ripdotfun uses good faith efforts to maintain the integrity of each Asset subject to Asset Management Services, including through partnerships with best-in-class providers of asset storage and shipping services. ripdotfun shall maintain an insurance policy covering such Assets sufficient to cover the fair market value of each such asset.

When you sell any ripdotfun NFT, you represent and warrant to and for the benefit of both ripdotfun and the applicable Buyer that you have no outstanding liabilities with respect to any Asset Management Services, and you acknowledge and agree that you shall assign to the Buyer, and the Buyer shall assume by way of novation, your agreement with ripdotfun for such Asset Management Services (the "Assumed Contract").

In the event of insolvency, bankruptcy, or the cessation of ripdotfun's business operations, we have established procedures to ensure the return of physical assets entrusted to us by our users.

* Users are responsible for covering the cost of shipping and any associated taxes to receive their physical assets
* The return process must be initiated within three (3) months after the announcement of insolvency, bankruptcy, or business cessation
* We will implement a structured process to identify, segregate, and return assets to their respective owners
* Users will receive prompt notification via email and through the Service with detailed instructions on how to reclaim their physical assets

IMPORTANT: ripdotfun will not offer any monetary reimbursement or compensation in the event of business cessation, except for facilitating the return of physical assets to rightful owners. Users who fail to initiate the return process within the three-month window may forfeit their right to reclaim their assets.

## Mystery Packs and Drops

ripdotfun may offer mystery packs, drops, and similar products that allow users to purchase sealed digital packs containing random trading cards or collectibles for a fixed price. The following terms apply to all such purchases:

* Mystery packs and drops contain random cards determined by our systems. The specific card(s) received cannot be chosen, predicted, or guaranteed by the user. By purchasing a mystery pack, you acknowledge and accept the randomized nature of the contents.

When applicable, sealed packs come with opening rules that may:

* Prevent users from opening before a specified time
* Allow users to open on their own until a specified deadline
* Include auto-reveal functionality where ripdotfun automatically reveals the pack contents on behalf of the owner after the reveal period has passed
* Include instant reveal where a pack is automatically revealed immediately upon purchase

Upon opening a mystery pack, users may receive a buyback offer from ripdotfun at a percentage of the card's fair market value, as advertised on the product page. If accepted:

* Users will receive funds in USDC to their ripdotfun wallet/account, which can be used on the marketplace or for future purchases
* The fair market value is determined solely by ripdotfun at its discretion and is not subject to negotiation
* ripdotfun does not disclose its model for determining fair market value
* Buyback offers are best-effort and limited in duration; ripdotfun makes no guarantee about the promptness or availability of any offer

ALL PURCHASES OF MYSTERY PACKS AND DROPS ARE FINAL AND CANNOT BE REFUNDED. Once a purchase is made and the pack has been opened, users may accept a buyback offer, list and sell on the marketplace, transfer to another account, or redeem the physical asset.

ripdotfun makes no guarantees regarding: (i) the specific card(s) received from any mystery pack or drop; (ii) the fair market value assigned to any card; (iii) the availability, timing, or amount of any buyback offer; or (iv) the future value or marketability of any card received.

## Third-Party Purchase Service

You may be able to purchase one or more NFTs offered by third parties through a Third-Party Purchase enabled by ripdotfun (the "Third-Party Purchase Service"). The Third-Party Purchase Service enables a third-party offeror ("Offeror") to make original NFTs (each, an "Offeror NFT") available for purchase by end users through such Offeror's Website.

ripdotfun is not the seller or offeror of any Offeror NFT nor any physical assets associated therewith nor any artwork embodied thereby (collectively, the "Offeror Materials"). ripdotfun reserves the right, but has no obligation, to review the Offeror Materials for authenticity, and ripdotfun makes no representations or warranties to any person with respect to the Offeror Materials. You bear full responsibility for verifying the identity, legitimacy, and authenticity of any Offeror Materials that you purchase.

You may be able to sell, trade, or distribute your ripdotfun NFTs on any compatible smart contract-enabled secondary marketplaces, platforms and exchanges operated by third parties where users can sell, purchase, transfer, list for auction and bid on NFTs ("Secondary Marketplaces"), in each case subject to such Secondary Marketplace's then-current terms and functionality.

ripdotfun NFTs may not be compatible with all Secondary Marketplaces, and ripdotfun makes no guarantee about the availability or functionality of any Secondary Marketplace. You acknowledge and agree that we are not a party to any agreement or transaction on any Secondary Marketplace (each, a "Secondary Sale"), whether or not a commission or fee is received by us in connection with such transaction.

You must be eighteen (18) years old or otherwise capable of forming a binding contract in your jurisdiction to use the Service. By using the Service, you agree:

## User Agreements, Representations and Warranties

* to provide accurate, current, and complete information about yourself as requested
* to maintain and promptly update such information from time to time as necessary
* to maintain the security of your Wallet and accept all risks of unauthorized access to your Wallet and to the information you provide to us
* to notify us immediately if you discover or otherwise suspect any security breaches related to the Service or your Wallet

When you use the Service, you represent and warrant to ripdotfun that:

* Authority: You have all requisite capacity, power and authority to enter into, and perform your obligations under this Agreement, including to mint, sell, or buy any ripdotfun NFTs, as applicable.
* Due Execution: This Agreement constitutes your legal, valid and binding obligation, enforceable against you in accordance with this Agreement.
* Accuracy of Information: All information provided to ripdotfun, including your address and tax identification information, is accurate and complete.
* Non-Contravention: This Agreement does not conflict with or violate any charter documents, third-party rights, or applicable legal requirements to which you are subject.

### Additional Representations and Warranties

You represent that you are sophisticated, experienced and knowledgeable in the minting or buying of non-fungible tokens and other cryptoassets. You have conducted an independent investigation of the Service and the matters contemplated by this Agreement, have formed your own independent judgment regarding the benefits and risks, and in making the determination to mint, list, buy, or sell any ripdotfun NFTs, you have relied solely on the results of such investigation and such independent judgment. You understand that the legal requirements pertaining to blockchain technologies and digital assets are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of ripdotfun in determining to enter into this Agreement or otherwise use the Service.

You represent and warrant that there is no legal proceeding pending that relates to your activities relating to the minting of ripdotfun NFTs or other NFT- or digital asset-trading or blockchain technology related activities. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to the Service.

You represent and warrant that you are not, and you will not authorize, enable, or permit any use of the Service by any person that is:

* Located in, under the control of, or a national or resident of any jurisdiction subject to a U.S. trade embargo, including: Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People's Republic, and Luhansk People's Republic regions of Ukraine
* Identified on any export- or sanctions-related restricted party list, including but not limited to:
  * U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List (SDN List)
  * U.S. Department of Commerce's Denied Persons List
  * U.S. Department of Commerce's Unverified List
  * U.S. Department of Commerce's Entity List

## Consent to Electronic Communication

By contacting ripdotfun via email or through a social media property, or by using the Service, you consent to receive electronic communications from ripdotfun (e.g., via email or by posting notices to the Service or to ripdotfun's official accounts on social media properties). These communications may include notices about your use of the Service and are part of your relationship with us.

## Ownership

Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the ripdotfun logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of ripdotfun or our affiliates or licensors.

The ripdotfun logo and any ripdotfun product or service names, logos or slogans that may appear on the Service are trademarks of ripdotfun or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "ripdotfun," or any other name, trademark or product or service name of ripdotfun or our affiliates without our prior written permission.

## License to Our Service and Content

You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, "as-is" license to access and use the Service and Content for your own personal, non-commercial use; provided, however, that such license is subject to this Agreement and does not include any right to:

* sell, resell, or use commercially the Service or Content
* distribute, publicly perform, or publicly display any Content except as expressly permitted by us
* modify or otherwise make any derivative uses of the Service or Content, or any portion thereof
* use any data mining, robots, or similar data gathering or extraction methods
* download (other than page caching) any portion of the Service or Content, except as expressly permitted by us
* use the Service or Content other than for their intended purposes

## User Content

Certain Content may be made available by a User on or through the Service, including without limitation in connection with the listing of a ripdotfun NFT by an Initial Seller and through ripdotfun's third-party social media accounts or pages ("User Content"). If you choose to make User Content available on or through the Service, you hereby grant ripdotfun a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, and display, such User Content.

## Third-Party Service

The Service may contain links to third-party properties, services and applications (collectively, "Third-Party Service"). When you click on a link to a Third-Party Service, you are subject to the terms and conditions (including privacy policies) of another property or application. Such Third-Party Service are not under the control of ripdotfun.

## Acceptable Use Policy

You agree that you are solely responsible for your conduct while using the Service. You agree that you will abide by this Agreement and will not:

* Provide false or misleading information to ripdotfun
* Use or attempt to use another User's linked Wallet without authorization
* Create, list, or make available counterfeit ripdotfun NFTs
* Pose as another person or entity
* Use the Service in any manner that could interfere with or disrupt other Users
* Develop or utilize any software that could damage or impair the Service
* Attempt to circumvent any content-filtering techniques
* Use any automated means to access the Service without authorization
* Collect or harvest data from our Service
* Use the Service for any illegal or unauthorized purpose

## Tax Compliance and Prohibited Transactions

Users are strictly prohibited from engaging in any form of tax avoidance or evasion on our marketplace. This includes, but is not limited to:

* Creating multiple accounts to artificially lower the taxable value of goods by transferring them between accounts at unreasonably low prices before requesting shipment
* Engaging in wash trading, sham transactions, or structuring transactions to evade legal or regulatory reporting obligations
* Structuring transactions to evade reporting requirements
* Any other activity designed to circumvent applicable tax laws or regulations

Any attempt to manipulate transactions for the purpose of reducing tax obligations will be considered a violation of this Agreement and may result in account suspension, termination, and potential legal action. We reserve the right to investigate and report any suspicious activity to the appropriate tax authorities.

## Copyright

ripdotfun retains the absolute right to terminate access to the Service for and remove the User Content of any User who violates or infringes our rights or the rights of any third party. To report copyright infringement, please contact: <copyright@rip.fun>

## Investigations

If ripdotfun becomes aware of any possible violations by you of this Agreement, ripdotfun reserves the right to investigate such violations. If, as a result of the investigation, ripdotfun believes that criminal activity may have occurred, ripdotfun reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.

## Release

You hereby release and forever discharge ripdotfun and our officers, employees, agents, successors, and assigns (the "ripdotfun Entities") from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service.

## Assumption of Risk Related To ripdotfun NFTs

You acknowledge and agree that:

* You are solely responsible for determining what, if any, taxes apply to your transactions
* ripdotfun NFTs exist and can be transferred only by virtue of the ownership record maintained on the blockchain
* There are risks associated with using digital currency and digital assets
* The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and NFTs is evolving
* There are risks associated with purchasing user-generated content
* ripdotfun reserves the right to hide collections, contracts, and assets that may violate this Agreement

## Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ripdotfun and the ripdotfun Entities from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses, and costs of every kind and nature whatsoever arising out of or related to this Agreement or your use of the Service.

## Disclaimers

THE SERVICE, CONTENT CONTAINED THEREIN, AND RIPDOTFUN NFTS LISTED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. RIPDOTFUN (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

## Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RIPDOTFUN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICE, ANY RIPDOTFUN NFTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT