We look forward to working with you. Please agree to our Liability and Confidentiality clauses.
LIABILITY
In no event shall either party have any liability to the other party for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the party has been advised of the possibility of such damage and,
In no event shall a party's liability exceed the fees paid under this agreement, whether in contract, tort or under any other theory of liability.
CONFIDENTIALITY
Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, finances, accounting, operating, performance, know how, business and process information shall be treated by Company in the strictest of confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified in this Agreement without Client’s express written consent.
Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company's possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client's Confidential Information. Neither party may disclose the terms of this Agreement without the other party's prior written approval, unless such disclosure is compelled by a court of law.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to its choice-of-law or conflict-of-law provisions.