19. Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMILEBACK WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF SMILEBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMILEBACK BE RESPONSIBLE FOR ANY BUSINESS INTERRUPTIONS CAUSED BY YOUR USE OF THIS SITE AND/OR THE SERVICE OR YOUR INABILITY TO ACCESS THIS SITE AND/OR THE SERVICE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR THE COST OF PROCUREMENT OF REPLACEMENT PRODUCTS, SOFTWARE, SERVICES, DATA, CONTENT OR MATERIAL. THE CUMULATIVE LIABILITY OF SMILEBACK TO YOU FOR ALL CLAIMS RELATING TO THESE TERMS, YOUR USE OF THIS SITE AND/OR THE SERVICE, OR SUBMISSION OF INFORMATION THROUGH THIS SITE OR THE SERVICE, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE GREATER OF (I) ALL FEES PAID BY YOU TO SMILEBACK DURING THE SIX MONTH BILLING PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. OR (II) $500. THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.</p> <p>Some state laws do not allow limitations on certain damages.