any direct , indirect , special , incidental , consequential or exemplary damages , under any theory of liability , including but not limited to contract , tort -lrb- including negligence -rrb- , damages for loss of data , profits and goodwill , arising out of the use , misuse or inability to use the service , or by any form of malware , whether or not the company was or should have been aware or advised of the possibility of such damages ;