NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY:</p> <ol> <li>REV’S LIABILITY ARISING FROM (i) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (ii) FRAUDULENT MISREPRESENTATION, OR (iii) ANY OTHER LOSS OR DAMAGES FOR WHICH SUCH LIMITATION IS EXPRESSLY PROHIBITED BY APPLICABLE LAW, SHALL BE UNLIMITED.</li> <li> <p>SUBJECT TO SECTION 3(a), THE MAXIMUM AGGREGATE MONETARY LIABILITY OF REV AND ANY OF ITS REPRESENTATIVES IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LAW SHALL NOT EXCEED ACTUAL DAMAGES INCURRED UP TO THE GREATER OF:</p> <ol> <li>AN AMOUNT EQUAL TO SIX TIMES THE FEES PAYABLE BY CUSTOMER FOR THE USE OF THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE FIRST MONTH IN WHICH FEES ARE CHARGED UNDER THIS AGREEMENT, OR</li> <li>THE TOTAL AMOUNT PAID BY CUSTOMER TO REV FOR THE USE OF THE PLATFORM OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT(S) THAT FIRST GAVE RISE TO THE CLAIM.</li> </ol> </li> <li>THE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION,