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Term of Use

Ethylene Strategies International, LP (ESI) operates its Web site to provide online access to information about ESI and the opportunities we provide (the "Service") to clients. By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement." ESI reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about ESI opportunities. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ESI reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use or your advisory agreement with ESI.

Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to ESI or its operators, partners, affiliates, contributors or third parties. The copyrights in the Content are owned by ESI or other copyright owners who have authorized their use on the Site. You may not manipulate or alter in any way images or other Content on the Site.

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Endorsements

ESI may provide links to other Web sites, which are not under the control of ESI. If you use these links, you will leave the Site. These links are included as a convenience to you and are not intended as an actual or implied endorsement, sponsorship, or recommendation by ESI of the organization, the individuals operating the Web site, or the information contained therein. ESI is not responsible for the availability of any such web sites. ESI is not responsible or liable for any such web site or the content thereon. If you use the links to the web site of ESI, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Linking to this Site

Unless specifically authorized by ESI, you may not connect "deep links" to the Site, e.g., create links to this site that bypass the home page or other public parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

Downloading Files

ESI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Limitation of Liability

IN NO EVENT WILL ESI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF GCMW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ESI'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ESI, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement. You also agree that ESI or the contributors of information to this Web site shall NOT be liable to you or anyone else for any decision made or action taken by you in reliance on information provided on the ESI web site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Disclaimer on Professional Advice

The information available on and through the ESI Web site is presented as a supplement to client reporting provided by ESI. It is NOT intended as a substitute for, the knowledge, skill, and judgment of qualified industry professionals that are otherwise employed in petrochemicals. The information on ESI Web site has been obtained from sources believed to be accurate and reliable. However, ESI makes no warranty as to the accuracy, reliability, or completeness of this information. Information accessed on or through ESI Web site is neither complete nor exhaustive and does not cover all aspect of operations, management and other information typically managed by ESI clients. Information accessed on and through ESI Web site is provided "AS IS" and without warranty, express or implied, including, but not limited to, any implied warranty of merchantability or of fitness for a particular purpose. The information provided on the ESI Web site is provided for general information only.

Correction of Errors and Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ESI therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ESI does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Usage of Content

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of ESI's clients or other third parties. Furthermore, no communications passing through this site may be defamatory, libelous, unlawfully threatening or unlawfully harassing, obscene or contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. ESI will take immediate action to prevent violators of this policy from using our site. For any information contained on the ESI site that is attributed to another source, permission to reproduce must be obtained from the original source. Use of any robot, spider, other automatic device, or manual process to monitor or copy the Web site or any of its content and "mirroring" the Web site or any content on any other server is prohibited unless prior permission is obtained from ESI.

Private Area Restriction / Password Security

The public areas of esic2.com (i.e. those areas accessible without signing in to the site) are accessible to all users, regardless of age. However, areas that require sign in prior to access are restricted to ESI clients and their representatives who have agreed to ESI confidentiality terms. If you become an ESI client and thus granted access to the private area of our web site, you are responsible for maintaining the confidentiality of your user identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your user identification and password.

Jurisdiction

This Web site (excluding linked sites) is controlled by ESI, which is headquartered in the State of Texas, in the United States of America. It can be accessed from all 50 states, as well as from other locations around the world. Each of these locations have laws that may differ from those of Texas. Therefore, by accessing this Web site both you and ESI agree that the statutes and laws of the State of Texas, without regard to principles of conflicts of law in Texas or elsewhere, shall apply to all matters arising from or relating to use of this Web site. You and ESI also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and/or federal courts located closest in proximity to the ESI office in Woodlands, Texas should any matter arise related to ESI.

Enforcement

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

Entire Agreement/No Waiver

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ESI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

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