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. THE RIGHTS AND LICENSES GRANTED BY ACUITY HEREUNDER WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.</p> <p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACUITY’S MAXIMUM AGGREGATE LIABILITY TO ADVERTISER OR ITS CONTRACTED CLIENTS FOR ANY CAUSES OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WILL BE THE GREATER OF: (i) ONE HUNDRED DOLLARS ($100.00). OR (ii) TWENTY-FIVE PERCENT OF THE NET REVENUE EARNED BY ACUITY UNDER THIS AGREEMENT IN THE YEAR PRIOR TO THE EVENT GIVING RISE TO CLAIM OR CAUSE OF ACTION. FOR THE AVOIDANCE OF DOUBT, “NET REVENUE” MEANS THE AMOUNT ACTUALLY RECEIVED BY ACUITY PURSUANT TO THIS AGREEMENT, LESS ANY AMOUNTS PAID BY ACUITY FOR AD INVENTORY IN CONNECTION WITH SUCH REVENUE.</p> <ol> <li>OWNERSHIP</li>