17.2</b> Unless caused by the other party’s gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of these terms or the Website. </p> <p> <b>17.3</b> The exclusions in this section apply regardless of the theory of liability asserted and even if the other party knew or should have known about the possibility of the damages. </p>