These limitations of liability apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if you have advised New York Life of the possibility of damages. In no event shall New York Life’s liability exceed the total amount paid by you to New York Life, if any, for accessing the Properties or Services.</p> <p><a href="#top" title="Back to top"><strong>Back to top</strong></a></p> <h3 id="5indemnification">5.