Limitations and Liability

1. Under no circumstances, including negligence, shall Energy8 be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages due to loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service, even if Energy8 had prior knowledge of the possibility of such damages.

2. Nothing in this Agreement excludes or limits Energy8's liability for death or personal injury resulting from its negligence.