PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE CLOAKED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT CLOAKED IS LIABLE, UNDER NO CIRCUMSTANCES WILL THE CLOAKED PARTIES BE LIABLE TO YOU FOR MORE THAN THE LESSER OF (A) THE AMOUNT YOU HAVE PAID CLOAKED IN THE 90 DAYS IMMEDIATELY