NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE TO YOUR PERSON OR PROPERTY RESULTING FROM THE FAILURE TO DETECT A ROBOCALL OR FOR IMPROPERLY CLASSIFYING AN ACCEPTABLE CALL AS A ROBOCALL. IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF THE COMPANY FOR ALL DAMGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, OR OTHERWISE) SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY YOU TO THE COMPANY IN THE TWELVE CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING AND THIS AMOUNT MAY BE $0.00 IF YOU DID NOT PAY ANY SUBSCRIPTION FEES TO THE COMPANY DURING THAT TIME PERIOD. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ACT AS LIQUIDATED DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE COMPANY'S ABILITY TO DISCLAIM THE DAMAGES CONTEMPLATED BY THIS SUBSECTION, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p> <p> <b>3.4 Available Remedies.</b>