(A) Disclaimer : EDUCATION SSCIENCE INTERNATIONAL disclaims any warranty that any Transaction Information or other information relating to Participant or any other party that is included on ESI OnLine is true, complete or accurate. All such data and information is provided on an "AS-IS" basis without any warranty of any kind. ESI MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ANY SUCH INFORMATION, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Participant acknowledges and agrees to accept the risk that the operating system and software included in ESI OnLine, as well as all Transaction Information of Participant or any other party that is included on ESI OnLine, from time to time may contain inaccuracies and may be adversely affected by computer viruses, unknown programming difficulties resulting in incorrect information or system malfunctions or shut-downs; provided, however, that ESI agrees to use reasonable commercial efforts to correct any inaccuracies expressly made known to it and to correct and/or remove (as appropriate) any computer viruses and other system malfunctions and shut-downs that are within its control. In addition, ESI makes no representation or warranty regarding the creditworthiness or any other matter regarding any other party admitted as a participant to use ESI OnLine, nor does it represent or warrant that any of the representations and warranties made by Participant in this Agreement have been made by any other party who may from time to time be admitted as a participant to use ESI OnLine. ESI shall not be liable for any liability, loss, damage, cost or expense caused from error, omission, interruption, deletion, defect, delay in operation or transmission, loss of data, communication or line failure, theft or destruction, unauthorized access to, alteration of or use of ESI ONLINE, or the actions of any other party involving the use of ESI OnLine. Participant agrees that Participant is solely responsible and liable for, and will indemnify, defend, and hold ESI harmless against, any losses, claims, suits, or damages that arise from regulatory compliance or non-compliance related to plastic Raw-Material trading or ESI Online, including, but not limited to all commodities, securities, derivatives, and environmental rules, regulations, and statutes.

(B) Liability Limitation : In no event shall ESI or its officers, directors, owners, employees, agents or affiliates be liable directly or indirectly to Participant or any party claiming through it for any special, indirect, incidental or consequential damages, including without limitation, loss of profits, arising out of this Agreement, the services or goods provided or to be provided by ESI hereunder, or the use of ESI OnLine, and regardless of the nature or cause of such damages. In addition, recoveries by Participant or any party claiming through it against ESI or its officers, directors, owners, employees, agents or affiliates, whether the claim relating thereto is based in contract, tort, negligence or otherwise, shall be limited to the lesser of:
(i) the amount of actual loss or damage suffered by Participant; or
(ii) the amount of all fees, charges and other amounts actually paid by Participant to ESI during the 12 month period immediately preceding such loss or damage.
(iii) Specifications and design may change due to constant research and development.