You agree that the Sugar Mountain Parties will have control of the defense or settlement, at Sugar Mountain’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sugar Mountain or the other Sugar Mountain Parties. </p> <p>11. Limitation of Liability</p> <p>To the fullest extent permitted by applicable law, Sugar Mountain and the other Sugar Mountain Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Sugar Mountain or the other Sugar Mountain Parties have been advised of the possibility of such damages. </p> <p>The total liability of Sugar Mountain and the other Sugar Mountain Parties for any claim arising out of or relating to these Terms, the Sites or any order, receipt or use of Products purchased through the Sites, regardless of the form of the action, is limited to the amount of the Products you purchased through the Sites in the twelve (12) months preceding the applicable claim. </p> <p>