LIMITATIONS OF LIABILITY <p> 10.1 <strong>Consequential damages exclusion. </strong>IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. </p> <p> 10.2 <strong>Aggregate Liability</strong>. To the maximum extent permitted by law, in no event shall Discovery Education’s aggregate liability with respect to any matters whatsoever arising under or in connection with the Standard Terms exceed the lesser of the total fees paid by Subscriber to Discovery Education under the Standard Terms within the twelve (12) month period prior to the date the cause of action giving rise to liability arose or $100,000. The foregoing liability is cumulative with all payments for claims or damages in connection with these Standard Terms being aggregated to determine satisfaction of the limit. </p> <p> 10.3 Discovery Education shall not be responsible for the provision or maintenance of any hardware, software or internet connection used by the Subscriber or its Users for the purposes of accessing the Service(s) online (or any element thereof). </p> <p> 10.4 Where a Service contains links to third party websites and/or resources, these links are provided for information purposes only. Discovery Education has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Subscriber or its Users’ use of them. </p> 11.