Limitations of Liability

Under no circumstances and under no legal theory (whether tort, contract or otherwise) shall CASSCOMM be liable for any indirect, special, incidental or consequential damages whatsoever (including, without limitation, damages for business interruption, computer failure or malfunction, loss of profits, goodwill or information, or any other pecuniary loss or damage) arising out of or relating to CASSCOMM’s services (including, without limiation, use or inability to use the services), even if CASSCOMM has been advised of the possibility of such damages. Under no circumstances shall CASSCOMM’s cumulative liability to customer exceed the service charges paid by the customer to CASSCOMM for the services during the six (6) months immediately preceding the event for which liability is claimed.