UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL LIFECARE OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE OFFICER, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, SUBCONTRACTORS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PUNITIVE, COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.</p> <p> <strong>16. INDEMNITY. </strong>You agree to indemnify, and hold LifeCare, its shareholders, directors, officers, employees, affiliates, subcontractors, insurers and attorneys harmless from and against any and all claims, actions or demands brought against us alleging: (i) that your use of the LifeCare Content, Sites or Services: (a) infringed or misappropriated of any intellectual property rights of anyone.