REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), EVEN IF IMGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IMGIX EXCEED THE GREATER OF U.S. $100.00 OR THE AMOUNT YOU PAID IMGIX IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.</p> <p>THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO ANY WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD OF IMGIX. IN ADDITION, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.</p> 17. VENUE. GOVERNING LAW <p>The state and federal courts located in San Francisco County, California, will have exclusive jurisdiction over any suit in connection with the Services or these Terms that is not subject to arbitration, and you and imgix hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.