to the extent permitted by applicable law , neither niantic nor tpc or tpci or any other party involved in creating , producing , or delivering the services or content will be liable to you for any indirect , incidental , special , punitive , 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 services or content , or from any communications , interactions , or meetings with other users of the services or persons with whom you communicate or interact as a result of your use of the services , whether based on warranty , contract , tort -lrb- including negligence -rrb- , product liability , or any other legal theory , and whether or not niantic , tpc , or tpci have been advised of the possibility of such damages , even if a limited remedy set forth herein is found to have failed of its essential purpose .