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IN NO EVENT WILL WARM AND TOTE.COM, (ITS PARENT, AFFILIATES OR ASSIGNS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM LOST DATA) ARISING OUT OF THE USE, OR INABILITY TO USE, THIS SITE OR WEB SITES LINKED TO THIS SITE. THIS LIMITATION APPLIES WHETHER A CLAIM FOR DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY OF RECOVERY AND REGARDLESS OF WHETHER WARM AND TOTE.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.