<p>In no event shall Element, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Element has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:<br> </p> <ol> <li>the access or use of or the inability to access or use the Services;<br> </li> <li>the statements or actions of any third party on or via the site, services or materials;<br> </li> <li>any dealings with vendors or other third parties;<br> </li> <li>any unauthorized access to or alteration of your transmissions, user materials or other data;<br> </li> <li>any information that is sent or received or not sent or received;<br> </li> <li>any failure to store or loss of data, files, materials or other content;<br> </li> <li>any services available that are delayed or interrupted;<br> </li> <li>any web site referenced or linked to from this site. or<br> </li> <li>your access to or use of or inability to access or use any linked site.<br>