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The total aggregate liability of the service provider to customer shall be limited to the amount paid to the service provider by customer hereunder during the pre defined timelines immediately preceding a claim in which the service provider is liable to customer. in no event shall the service provider be liable for any indirect, special, exemplary, punitive, incidental or consequential damages, loss of profits or loss of business, regardless of whether such damages are based upon breach of contract, tort, or otherwise, even if the service provider has been advised of the possibility of such damages and even in the event of the failure of an agreed upon remedy.
The service provider provides the service on an “as is” basis and without any warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability or fitness for a particular purpose.