Any content downloaded or otherwise obtained through the use of Spike is downloaded at your own risk and you will be responsible for any damage to your mobile device, cell phone or other system, or for any loss of data resulting from such download or use of Spike.</p> <p>&nbsp;</p> <strong>9. Limitation of Liability</strong> <p>To the maximum extent permitted by law, in no event will we or our affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amounts paid by you to us in order to use Spike (if any) for the past three months.