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TRUTH IN ADVERTISING / INDEMNIFICATION FOR LIABILITY: Sponsor is solely responsible for any legal liability arising out of or relating to (1) the news or information posting, and/or (2) any material to which users can link through the Canine Rescue Organization section on InfoDog. Sponsor represents and warrants that the inforamtion and Link comply with InfoDog, Inc.s standards; and that it holds the necessary rights to permit the use of the information and Link by InfoDog, Inc. for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the information posting will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity. Sponsor agrees to indemnify InfoDog, Inc. and to hold InfoDog, Inc. harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by InfoDog, Inc. arising out of or related to Sponsors breach of any of the foregoing representations and warranties. Sponsor agrees to request that InfoDog, Inc. be listed as an additional insured on any policy issued to Sponsor pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph.
LIMITATION ON DAMAGES: IN NO EVENT WILL INFODOG, INC. BE LIABLE TO SPONSOR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT INFODOG, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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ENTIRE AGREEMENT: This Agreement and any and all exhibits and attachments are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter, provided that all pricing will be governed by InfoDog, Inc.s rate card, whether printed on paper or electronically. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
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