TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CUSTOMER NOR SPIDEROAK AND ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS MAKE ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT.</p> <p>&nbsp;</p>10. Limitation of Liability.<p>TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR SPIDEROAK OR CUSTOMER’S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR SPIDEROAK AND ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (i) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, SPIDEROAK’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF $10,000 OR THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.</p> <p>&nbsp;</p>11. Disputes.<ul> <p>A. <strong>Informal Resolution</strong>. SpiderOak strives to address disputes without the need to resort to a formal legal proceeding. Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures in section 11(E).</p> <p>B. <strong>Agreement to Arbitrate</strong>.