UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF or THE INABILITY TO USE, THE ESRB SITE OR MATERIALS OR FUNCTIONS ON THE ESRB SITE, REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS PARAGRAPH, THE TOTAL LIABILITY OF ESRB AND/OR ANY OF ITS AGENTS, CONTRACTORS or EMPLOYEES TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO $100.</p> <p>