To the fullest extent permitted by applicable law and except as set forth in this paragraph, Spruce will not be liable to you for any punitive, special, incidental, or consequential loss or damage, including lost profits, even if Spruce has been advised of the possibility of such damages. To the fullest extent permitted by applicable law and subject to this paragraph, in no event will Spruce's total liability for any damages, claims, or losses arising under these Terms exceed the total amount of payments actually paid by you to us, if any, in the preceding twelve (12) months prior to the date the liability first arose.