IPS’s liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by IPS from Client/Customer. IPS will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any product or service provided by IPS. Without limitation, IPS shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a client/customer’s inability to use or any delay in accessing the IPS website or any other source of material, products or services provided by IPS; (3) any absence of material on the IPS website; (4) IPS’s failure to deliver or delay in delivering any material, products or services or (5) any kind of error in transmission of material, products or services; or (6) the use by a client/customer of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. IPS and Client/Customer acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of any agreement between IPS and Client/Customer. “No-risk” and “risk-free” refer solely to the product or service price refund policy.