(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.
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