(last updated February 26, 2014 and applicable to Agreements and Insertion Orders entered into before to February 17, 2015)
These Trulia Advertising Terms and Conditions, together with any Insertion Orders (“IOs”) executed by the parties, shall govern Advertiser’s purchase of Ads from Trulia, LLC., its subsidiaries and affiliates (collectively, “Trulia”). Capitalized terms not defined herein shall have the meaning set forth in IOs. Trulia and Advertiser are sometimes referred to individually as a “Party” and collectively as the “Parties”.
Where Advertiser uses a Third Party Ad Server, Trulia will not bonus more than 10% above the Deliverables specified on the IO without the prior written consent of Advertiser. Permanent or exclusive placements will run for the specified period of time regardless of over-delivery, unless the IO establishes an impression cap for Third Party Ad Server activity. Trulia will not charge Advertiser for any additional Deliverables above any level guaranteed or capped on the IO. If a Third Party Ad Server is being used and Advertiser notifies Trulia that the guaranteed or capped levels stated on the IO have been reached, Trulia will use commercially reasonable efforts to suspend delivery and, within 48 hours of receiving such notice, Trulia may either (i) serve any additional Ads itself or (ii) be held responsible for all applicable incremental Ad serving charges incurred by Advertiser but only (A) after such notice has been provided, and (B) to the extent such charges are associated with over delivery by more than 10% above such guaranteed or capped levels.
TRULIA WILL NOT BE LIABLE TO ADVERTISER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. TRULIA'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNT PAID BY ADVERTISER TO TRULIA DURING THE TWELVE MONTHS PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO ADVERTISER’S CLAIM.