FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF REBUY, AND (II) IN NO EVENT SHALL REBUY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE REBUY SERVICE (OR ANY PART THEREOF), AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY REBUY HEREUNDER EXCEED THE GREATER OF THE SERVICE FEES PAID OR PAYABLE TO REBUY BY CUSTOMER HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, OR