9.2 Exclusion of Consequential Damages
9.2.1 General Exclusion
In no event shall That Is A Q, its directors, officers, employees, affiliates, subsidiaries, or suppliers be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages arising out of or in connection with the use of, inability to use, or performance of our services, products, platforms, or this website, even if That Is A Q has been expressly advised of the possibility of such damages.
9.2.2 Scope of Excluded Damages
The damages excluded under this section may include, but are not limited to:
- Loss of profits, revenue, or anticipated financial gains;
- Loss of data, intellectual property, or business information;
- Business interruption, downtime, or operational delays;
- Loss of goodwill, reputation, or competitive advantage;
- Costs of procurement of substitute goods or services;
- Any other commercial, financial, or non-pecuniary losses, whether foreseeable or not.
9.2.3 Allocation of Risk
This exclusion reflects the allocation of risk agreed upon between that Is A Q and its users or clients. Pricing for our services is calculated with this limitation in mind, and the exclusion of consequential damages is a material inducement for us to enter into any agreement or provide access to our platforms.
9.2.4 Survival
The exclusions and limitations set forth in this Section 9.2 shall survive any termination, expiration, or voiding of our Terms of Service, contracts, or service agreements, and shall apply regardless of the legal theory upon which liability is claimed, including but not limited to contract, tort, strict liability, negligence, or breach of warranty.