OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. </li> <li> IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BREEZOMETER ARISING UNDER, OR IN CONNECTION WITH, THESE TERMS, OR OTHERWISE OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO BREEZOMETER FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO YOUR BRINGING THE CLAIM. </li> <li> THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎12 SHALL APPLY: (i) EVEN IF BREEZOMETER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES. (ii) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. AND (iii) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY. </li> </ol> <ul> <li> <b>Indemnity.</b>