You agree to defend, indemnify, and hold harmless the site, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of this Agreement.</p>LIMITATION OF LIABILITY<p>In no event will the site be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with these terms of service or from the use or inability to use the services or any user files sent through, stored by or downloaded from the services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the site has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose.</p> <p>In no event will the site's aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the services exceed one dollar ($1). the limitations of damages set forth above are fundamental elements of the basis of the bargain between the site and you.</p> <p>Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.</p>