TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROOFTOP SOLAR SCOUT LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS (THE "COVERED PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OR WASTED CREDITS, LOST DATA, LOST GOODWILL, WASTED CANVASSING OR LABOR COST, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE COVERED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR: (a) ANY INACCURATE, INCOMPLETE, OR OUTDATED DATA, ESTIMATE, SCORE, OR THIRD-PARTY CONTENT; (b) YOUR OUTREACH OR FIELD CONDUCT, INCLUDING ANY CLAIM, PENALTY, OR STATUTORY DAMAGES UNDER THE TCPA, DO-NOT-CALL, ANTI-SOLICITATION, TRESPASS, PRIVACY, OR UDAP LAWS; (c) ANY ACT, OMISSION, DISPUTE, OR CONTRACT BETWEEN YOU AND ANY HOMEOWNER, CUSTOMER, INSTALLER, LENDER, OR TEAM MEMBER; (d) ANY DECISION YOU MAKE IN RELIANCE ON THE SERVICE; OR (e) ANY THIRD-PARTY SERVICE, DATA PROVIDER, OR PAYMENT PROCESSOR.
THE COVERED PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU ACTUALLY PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP APPLIES IN THE AGGREGATE, NOT PER CLAIM.
These limitations are a fundamental basis of the bargain and apply even if unenforceable in part. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited — including liability for our own gross negligence, willful misconduct, or fraud, or any liability under a non-waivable consumer-protection statute. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim arose, or the shortest period permitted by applicable law if longer, or it is permanently barred.