Except as expressly provided by law, without the possibility of contractual waiver, the company, its subcontractors or its program promoters are in no way responsible for the following, even if they have been informed of their possibility: 1) loss or deterioration of data; (2) specific, random, exemplary or indirect damage or economic damage resulting therefrom; or 3. loss of profits, operations, revenues, good-business or business or expected savings. The Agreement or any transaction under this Agreement does not create any right or remedy for third parties, nor is the Company liable for third party actions against you, unless described elsewhere in this Marketing Agreement or permitted in this section of liability for assault (including death) or damage to real or physical personal effects; for which the company is legally liable to this third party. This marketing service agreement (“Agreement”) will be entered into effective August 18, 2015 (“Effective Date”) by and between Rich Cigars, Inc., a Florida-based company located at 5100 SW 103rd Street, Ocala, Florida 34476 (“Rich Cigars”), and Reggie E. Saunders, a Bearverton Gold resident (“Mr. Saunders”), to set forth the terms under which Mr. Saunders will provide services to Rich Cigars. 8.2 No exclusivity. This Services Agreement (the “Agreement”, as amended from time to time by Actify Media at its discretion) is a favorable agreement between you (“Customer”, “you”, “you”) and Actify Media (“Actify Media”, “Company”, “We”, “Us”, “Our”) (together the “Parties”). By entering into an order document referring to this Agreement, you agree that the provision and receipt of the Services is expressly subject to the terms of acceptance of this Agreement and all the conditions contained therein.
1.4 “services” means the services and work product, as mutually agreed between the client and the adviser, which are to be provided by the adviser to the client in the form indicated in the SOW and in the media indicated in the SOW. . . .