Last Updated: 6 Jul 2017
These Standard Terms and Conditions are entered into between TrendMD Inc. ("TrendMD") and the party executing the Insertion Order ("Customer", including any brokers or agents acting on Customer's behalf) and shall be incorporated into each Insertion Order ("IO") entered into by and between TrendMD and Customer on and after the date hereof. Each IO, together with these Standard Terms and Conditions, shall be collectively referred to as the "Agreement." In the event of any inconsistency between the terms of an accepted IO and these Standard Terms and Conditions, the terms of these Standard Terms and Conditions shall prevail unless the IO specifically sets forth otherwise.
Customers using TrendMD Self Serve shall have the ability to manage certain aspects of their campaign using TrendMD's dashboard. Customers using Self Serve shall be solely responsible for all changes to the applicable campaign made through the dashboard. Customer shall protect any Customer passwords or similar account security measures and takes full responsibility for Customer's own, and third party, use of or changes to any Customer campaigns managed through the dashboard. Please note that access to TrendMD Self Serve shall be solely at the discretion of TrendMD and may be discontinued by TrendMD at any time.
EXCEPT WITH RESPECT TO CLAIMS ARISING FROM A PARTY'S INDEMNITY OBLIGATIONS, WILLFUL MISCONDUCT OR A BREACH OF THE CONFIDENTIALITY PROVISION IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VENDORS OR AGENTS FOR ANY ACTION REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN TORT OR CONTRACT, ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT OR ITS IMPLEMENTATION SHALL BE LIMITED TO THE AMOUNT OF FEES PAYABLE BY CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST REVENUES OR LOST PROFITS, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR ITS IMPLEMENTATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.