in no event will any company party be liable for any special , indirect , punitive , incidental or consequential damages , lost profits , or damages resulting from lost data or business interruption resulting from , or in connection with , the use or inability to use the service and any content thereon , whether based on warranty , contract , tort -lrb- including negligence -rrb- , or any other legal theory , even if such company party has been advised of the possibility of such damages .