Limitation of Liability

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IN NO EVENT SHALL CONFIDENT NAVIGATOR® BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR
LOSS OF BUSINESS, ARISING FROM THE SALE OR USE OF PRODUCTS AND SERVICES,
WHETHER BASED UPON TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
BREACH OF CONTRACT, OR ANY OTHER THEORY, REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CONFIDENT NAVIGATOR® WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT
SHALL CONFIDENT NAVIGATOR®’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO CONFIDENT NAVIGATOR® PURSUANT TO THE APPLICABLE ORDER GIVING RISE TO THE CLAIM

Confident Navigator® reserves the right to assess any location qualifying it for compatibility with our technology.