n no event, including, without limitation, negligence or any other theory of liability, shall Express Imaging Services, Inc., its subsidiaries, attorney’s, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, business, revenue, profits, or goodwill, whether or not Express Imaging Services, Inc. has been advised of, or reasonably could have foreseen the possibility of, such damages, arising out of or in connection with the use or access of, or the inability to use or access, the materials, services or site, the cost of procurement of substitute goods and services, any unauthorized access to any information that is sent or received or not sent or received, any failure to store or the loss of data, files, or other content, the accuracy or completeness of the services, materials or site, and/or any services available through the site that are delayed or interrupted.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you in those instances.