OR OUR OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE RESTREAM PROPERTIES, THE SITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.</b> <br> <br> <b> The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.</b> <br> <br> <b> In any case, our aggregate liability under this Agreement shall be limited to the amount actually paid by you to us hereunder for the Services.</b>