A. Disclaimer of Warranties. 

         1. Your use of eSpoc technology and billing service is at your sole risk. The technology and the service are provided on an "AS IS" and "AS AVAILABLE" basis. eSpoc expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose or non-infringement.

         2. eSpoc makes no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the use of the service will meet your expectations, and (v) any errors in the software or processes will be corrected.

         3. Any material downloaded or otherwise obtained through the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

         4. No advice or information whether oral or written, obtained by you from eSpoc or through or from eSpoc services shall create any warranty not expressly stated in the terms of service.


   B. Limitation of Liability

         1. eSpoc shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of revenue or profits, goodwill, use, data, or other intangible losses (even if eSpoc has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service or technology; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through, or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service or eSpoc technology.

         2. eSpoc shall have no liability for the (a) inability of third parties or systems beyond the control of eSpoc to accurately process or protect data, or (b) transmission to eSpoc of inaccurate, incomplete or duplicate data. In all other circumstances, it is expressly understood and agreed that each party's liability for all loss or damage incurred by the other party, arising from any cause whatsoever, to the extent that such loss or damage is caused by the other party, shall be limited to the sum of the fees paid by you to eSpoc during the one (1) month period immediately preceding the event giving rise to the claim by you ("Limitation of Liability"). No proceeding or action arising out of this Agreement may be brought by either party more than twelve (12) months after the cause of action has arisen (the "Claims Period").