This third-party sponsor agreement sets forth the terms and conditions between InfoArmor, Inc. (“InfoArmor”) and the third-party sponsor (the “Company”) offering InfoArmor’s services as set forth in the order form (the “Order Form”) between InfoArmor and the Company. By placing an order and signing the Order Form, the Company is agreeing to these third-party sponsor terms and conditions (together with the Order Form, the “Agreement”). This Agreement is effective between InfoArmor and Company as of the date the Order Form is signed by both Parties. InfoArmor and Company are sometimes referred to collectively in this Agreement as the “Parties” and each individually as a “Party.”
Limitation of Liabilities. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, THE SERVICES, OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON LOSS OF PROFITS, DATA, FILES, OR BUSINESS INTERRUPTION OR OPPORTUNITY), WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY ARISING OUT OF, RELATING TO, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID TO INFOARMOR UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD THAT IMMEDIATELY PRECEDED THE EVENT THAT CREATED SUCH LIABILITY.
Unless otherwise agreed, effective for Order Forms signed on or after April 15, 2020.