In addition, Company does not represent or warrant that our Site are accurate, complete, reliable, current or error-free. While Company attempts to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.</p> 12. Limitation of Liability <p>To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.</p> <p>The total liability of Company and the other Company Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of $5 or the amount paid by you to use our Site.</p> <p>The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law.