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THE SOFTWARE, SERVICES OR SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER <br />PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. <br />AGENCY360 IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE <br />RESULTING FROM SUCH PROBLEMS, THE USE OF THE SOFTWARE OR SERVICES OR THE <br />DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT <br />YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR <br />ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH <br />ACTIVITIES. <br />ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, <br />MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY <br />IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR <br />AFFILIATES. <br />(c) Warranty Breach. Customer's sole and exclusive remedy for Agency360's breach of an express <br />warranty relating to the functionality of the Software, Services, or Site shall be that Agency360 shall be required <br />to use commercially reasonable efforts to modify the Software, Services, or Site to achieve in all material respects <br />the functionality described in the Order Form and, if Agency360 is unable to restore such functionality, Customer <br />shall be entitled to terminate the Agreement and receive a prorated refund of any prepaid Fees for the remaining <br />terminated portion of the Term. Agency360 shall have no obligation with respect to such a warranty claim unless <br />notified of such claim within thirty (30) days of the first instance of any material functionality problem. <br />7. Limitation of Liability. CUSTOMER AGREES THAT THE CONSIDERATION AGENCY360 IS <br />CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY <br />AGENCY360 OF THE RISK OF CUSTOMER'S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO <br />EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST <br />PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COST OF COVER, <br />SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND <br />HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF <br />CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION <br />WITH THIS AGREEMENT (AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW). <br />EXCEPT WITH REGARD TO (a) AMOUNTS PAYABLE BY CUSTOMER UNDER THIS AGREEMENT; or <br />(b) THE INDEMNIFICATION OBLIGATIONS IN SECTION l t THE MAXIMUM LIABILITY OF EITHER <br />PARTY TO THE OTHER OR ANY THIRD PARTY ARISING OUT OF OR IN THE CONNECTION WITH <br />THIS AGREEMENT, INCLUDING THE USE OF THE SOFTWARE, SERVICES, OR SITE, WHETHER <br />SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF <br />CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, <br />SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN <br />THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH <br />CLAIM. <br />THE PURPOSE OF THIS SECTION IS TO LIMIT THE POTENTIAL LIABILITY OF THE PARTIES <br />ARISING FROM THIS AGREEMENT. THE FOREGOING LIMITATIONS IN THIS SECTION WILL APPLY <br />IM <br />