ALTHOUGH ACUITY MAKES EVERY EFFORT TO UPHOLD THE HIGHEST STANDARDS OF ONLINE MARKETING CONDUCT, IT WILL NOT BE LIABLE TO ADVERTISER FOR ANY LOSSES OR DAMAGES INCURRED BY ADVERTISER OR A CONTRACTED CLIENT AS A RESULT OF ADVERTISER’S OR A CONTRACTED CLIENT’S ACTIONS OR OMISSIONS.</p> <ol> <li>LIMITATIONS ON LIABILITY</li> </ol> <p>NEITHER ACUITY NOR ITS AFFILIATES WILL BE LIABLE TO ADVERTISER OR ANY THIRD PARTY, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS PARAGRAPH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ADVERTISER AND ACUITY.