12. Limitation of Liability<p> <strong>(a) To the fullest extent permitted by applicable law:</strong> </p> <ul> <li> <strong>(i) in no event will Company or any of the Company Parties be liable to you for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable). and</strong> </li> <li> <strong>(ii) in no event will the aggregate liability of Company and the Company Parties (individually or jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to the Services or these Terms exceed the total amount of BAT you have received as publisher contributions.</strong> </li> </ul> <p> <strong>(b) The limitations set forth in Section 12(a) will not limit or exclude liability for the gross negligence, fraud or intentional, willful or reckless misconduct of Company.</strong> </p> <p>(c)