CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, HOWEVER THEY MAY BE INCURRED, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, ACCESS TO, OR INABILITY TO ACCESS, THE OTR SERVICES OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF ANY LEGAL MATTER. </p> <p>TO THE FULLEST EXTENT UNDER APPLICABLE LAW THE TOTAL LIABILITY OF OTR OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE OTR SERVICES OR THE SOFTWARE WILL BE LIMITED TO THE LESSER OF $100 OR THE TOTAL AMOUNT YOU PAID TO OTR TO USE THE OTR SERVICES AND SOFTWARE DURING THE COURSE OF THE LAST 12 MONTHS PRECEDING THE FILING OF SUCH CLAIM.</p> <li>INDEMNITY</li> <p>To the fullest extent under applicable law, you agree to defend, indemnify, and hold OTR harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your use of the OTR Services or your violation of these Terms.</p> <li>GOVERNING LAW</li> <p>These Terms shall be governed by the laws of the State of Washington.</p> <li>MANDATORY ARBITRATION</li> <p>In the event that you have a dispute with OTR, you and OTR agree to mandatory arbitration administered on a confidential basis by JAMS, a nationally recognized arbitration authority, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, and not to sue in court in front of a judge or jury. The arbitrator shall have exclusive authority to resolve all disputes arising out of these Terms.