In no event shall LYOTRADE, its affiliates and service providers or any of the respective officers, shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, joint ventures or contractors, be liable for any special, incidental, indirect, intangible, punitive, consequential damages or any lost profits, diminution in value, any loss, damage, breach of data arising out of Services , any performance or non-performance of Services or other product provided by or on behalf of LYOTRADE and its affiliates, whether under tort, contract, statute, strict liability, negligence or otherwise arising out of or in connection with authorized or unauthorized use of LYOTRADE website or Services or contract even if an authorized representative of LYOTRADE has been advised of or knew or should have known of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy or compensation of its essential purpose, except to the extent of a final judicial determination that such damages were result of LYOTRADE’S gross negligence, fraud, willful misconduct or intentional violation of law. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.