LIMITATION OF LIABILITY<br> You expressly understand and agree that Sixty01 Village Community shall not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sixty01 Village Community has been advised of the possibility of such damages), resulting from any cause including: (i) the use or the inability to use the Service. (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service. (iii) unauthorized access to or alteration of your transmissions or data. (iv) statements or conduct of any third party on the Service. (v) or any other matter relating to the Service.</p> <p>SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p> <p>THE TOTAL LIABILITY OF SIXTY01 VILLAGE COMMUNITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED THE LESSER OF TEN THOUSAND DOLLARS ($5,000) OR THE AGGREGATE OF THE FEES PAID TO SIXTY01 VILLAGE COMMUNITY HEREUNDER IN THE TWELVE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, WHICHEVER IS LESS.