14. Limitation of Liability.
IN NO EVENT SHALL DEMAND EXCHANGE OR PARTICIPANT OR ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR MARKETPLACE, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DEMAND EXCHANGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Equitable Relief.
Participant agrees that any violation or threat of violation of the Participant Agreement relating to the intellectual property rights related to the Website or Marketplace or the confidentiality obligations of the Participant hereunder may result in irreparable harm to Demand Exchange, for which damages would be an inadequate remedy. Therefore, in addition to any rights and remedies otherwise available at law, Demand Exchange shall be entitled to equitable relief, without being required to post any bond or other security, and to such other and further equitable relief as may be deemed proper under the circumstances. All remedies for any default or breach of the Participant Agreement whether at law, in equity, or otherwise shall be non-exclusive unless expressly stated otherwise, and Demand Exchange shall be entitled to recover attorneys’ fees and costs in any action on Participant’s default.

16. Incorporation, Entire Agreement and Modification.
The Rules and Privacy Policy displayed on the Website are incorporated herein and made a part of the Agreement. The Agreement contains the entire agreement of both parties with respect to the subject matter of this Agreement. The Agreement and all attachments supersede all proposals, oral or written, all negotiations, conversations or discussions between the parties relating to the subject matter of the Agreement and all past dealing or industry custom. Demand Exchange may modify the Agreement by sending a notice to Participant via email or other correspondence or posting such modifications on the Website, and such modifications will be effective after such notice if Participant continues to use the Marketplace. All modifications to the Agreement presented or suggested by Participant must be in writing manually signed by both of the parties hereto.

17. Arbitration.
Any controversy or claim arising out of or relating to the Participant Agreement, regardless of the nature of the claim, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“Rules”), and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. A panel of three arbitrators selected pursuant to the Rules shall conduct arbitration in Fulton County, Georgia and the arbitrators shall have a background or training in computer law, computer science, or intellectual property

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