DISCLAIMER

Notwithstanding any agreement, contract, covenant, representation, warranty, understanding, course of performance, course of dealing or custom to the contrary, including Rouse Services’ acceptance of the transmission of client data through email, in no event shall Rouse Services be liable to client for any direct, indirect, special, incidental or consequential damages arising out of or in any way relating to the transmission of client data other than as expressly stated in this data transfer liability disclaimer, including without limitation, lost profits, lost revenues, lost savings, loss of data, costs of procurement of substitute goods or services, even if Rouse Services has been advised, knows or should know of the possibility of such damages, whether in an action sounding in contract or tort, strict liability or any other legal or equitable theory. Further, Rouse Services expressly disclaims all express and implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, course of performance, course of dealing, custom and usage, statutory or otherwise.