Limitation of Liability:

MCX-SX IS OFFERING THIS FACILITY ON A BEST EFFORT BASIS AND UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MCX-SX OR ITS ASSOCIATES BE LIABLE TO ANY USER OF THE FACILITIES OFFERED THROUGH THIS WEBSITE OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES OF PROGRAMS OR INFORMATION.