WD and Apto provide this service as an accommodation and accept no liability to any person for any services performed in connection with the recycling offered in this Program. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WD AND APTO DISCLAIM ANY AND ALL WARRANTIES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WD AND APTO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WD’S AND APTO’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID TO APTO TO RECYCLE THE PRODUCT YOU RECYCLED USING THIS PROGRAM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WD OR APTO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.