Common use of Relationship with the Agreement Clause in Contracts

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 34 contracts

Samples: Data Processing Addendum, Data Processing Addendum, Data Processing Addendum

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Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflictconflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 11 contracts

Samples: Data Processing Addendum, Data Processing Addendum, Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp Mailchimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp Mailchimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpMailchimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 3 contracts

Samples: Data Processing Addendum, Data Processing Agreement, Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effecteffect. If there is any conflict conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflictconflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 2 contracts

Samples: Data Processing Addendum, Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp Pleo or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp Pleo in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpPleo’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 2 contracts

Samples: Data Processing Addendum, Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s 's failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s 's liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.. Paraaf Verantwoordelijk Paraaf Verwerker 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp OptinMonster or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's ’s data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp OptinMonster in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpOptinMonster’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Agreement

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.. UNOFFICIAL AGREEMENT - FOR REVIEW PURPOSES ONLY 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effecte"ect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Agreement

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates Pianola under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp Pianola in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpPianola’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties par- ties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's indivi- dual’s data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

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Relationship with the Agreement. 2.1 The parties agree that the DPA shall replace any existing DPA data processing addendum the parties may have previously entered into in connection with the Services.parties 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer Subscriber further agrees that any regulatory penalties incurred by MailChimp Xxxxxxxxxxx.xx in relation to the Customer Subscriber Data that arise as a result of, or in connection with, CustomerSubscriber’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpXxxxxxxxxxx.xx’s liability under the Agreement as if it were liability to the Customer Subscriber under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 2.1. The terms used in this Addendum shall have the meanings set forth in this Addendum. 2.2. The parties agree that this DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 2.3. Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflictconflict so far as the subject matter concerns the processing of Customer Data. 2.3 2.4. Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, to the exclusions and limitations limitations, set forth in the Agreement. 2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement2.5. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp ManyChat in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpManyChat’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 2.6. No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 2.7. This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp Oveo or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp Oveo in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpOveo’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services. 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp Nanonets or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp Nanonets in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpNanonets’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 2.1. The parties agree that DPA shall replace any existing DPA or other contractual provisions pertaining to the subject matter contained herein the parties may have previously entered into in connection with the Services. 2.2 2.2. Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 2.3. Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 2.4. Any claims against MailChimp NE or its Affiliates under regarding matters addressed by this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees shall indemnify NE or its Affiliates, as applicable against any and all such claims or costs of any kind that any regulatory penalties incurred by MailChimp exceed the exclusions and limitations set forth in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No 2.5. Except as may be otherwise provided pursuant to NE’s compliance with applicable data transfer mechanisms addressed in Section 6, no one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 2.6. This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.. UNOFFICIAL AGREEMENT - FOR REVIEW PUROSES ONLY 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp Mailchimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp Mailchimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpMailchimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.. UNOFFICIAL AGREEMENT - FOR REVIEW PURPOSES ONLY 2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict. 2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. 2.4 Any claims against MailChimp Mailchimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp Mailchimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimpMailchimp’s liability under the Agreement as if it were liability to the Customer under the Agreement. 2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms. 2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Appears in 1 contract

Samples: Data Processing Addendum

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