LIMITATIONS ON LIABILITY</h3> <p>In no event shall the New York Life Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Properties or Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Properties, Services, or content obtained through the Properties or Services; (vi) any transactions entered into through the Properties or Services, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Properties or Services, including hyperlinked content; or (viii) damages otherwise arising out of your use of or access to the Properties, the Services, or content linked to or from the Services. These limitations of liability apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if you have advised New York Life of the possibility of damages. In no event shall New York Life’s liability exceed the total amount paid by you to New York Life, if any, for accessing the Properties or Services.</p> <p><a href="#top" title="Back to top"><strong>Back to top</strong></a></p> <h3 id="5indemnification">5.