7. LIMITATION OF LIABILITY. In no event shall either party be liable for any indirect, incidental, special or consequential damages, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages. The Service Provider’s total liability for damages under the Agreement shall in no event exceed the amount of fees paid by the Client under the Agreement for the most recent three (3) month period. The provisions of the Agreement allocate the risk between the Service Provider and the Client. The parties agree that the Service Provider’s pricing and other terms and conditions of the Agreement reflect the allocation of risk and the limitation of liability specified herein.