In-N-Out, or any person or entity involved in creating, producing or distributing any of the Services, will not be liable for any losses or damages, including (without limitation) direct, indirect, incidental, special, consequential and/or punitive damages, or lost profits arising out of the use of or inability to use any of the Services or any content contained therein. This section is not intended to limit In-N-Out’s liability for damages to the extent caused by In-N-Out’s own gross negligence or intentional or unlawful misconduct.