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In no event shall Todd Modjeski be liable for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from the loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.