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 including negligence 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. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction in no event will the total liability of niantic tpc or tpci arising out of or in connection with these terms or from the use of or inability to use the services or content exceed one thousand dollars 1 000. the exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between niantic and you.
as much as the law permits it s not our fault if people lose money or data. if it is our fault we can t owe you more than 1000.