neither fitbit , its suppliers , or licensors , nor any other party involved in creating , producing , or delivering the fitbit service will be liable for any incidental , special , exemplary , or consequential damages , including lost profits , loss of data or goodwill , service interruption , computer damage , or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the fitbit service , whether based on warranty , contract , tort -lrb- including negligence -rrb- , product liability , or any other legal theory , and whether or not fitbit has been informed of the possibility of such damage , even if a limited remedy set forth herein is found to have failed of its essential purpose .