You agree that under no legal terms or theory, including, but not limited to negligence, shall Plexora or its employees be liable to any direct or indirect incidental, exemplary, consequential or disciplinary damages arising from or related to the services (or the professional services, if applicable), or to the performance of this agreement, including but not limited to, damages for loss of data, loss of use, or loss of profits, even if Plexora or its representatives have been advised in advance of the possibility of such loss or damages. Further, in no event will Plexora and the representatives' total cumulative liability to customer or any other party for claims, losses, or damages of any kind, whether based on contract, tort, negligence, indemnity or otherwise, arising out of or related in any way to this agreement or the services, exceed the actual fees customer paid to Plexora for the services as of the date of the claim, loss, or damage. |