DISCLAIMER & LIMIT ON DAMAGES
You also understand that Talyst cannot and does not guarantee that any software or other material available from or on this Website will be free of infection, viruses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume all responsibility and risk for your use of the Website, including your responsibility to evaluate the accuracy, completeness and usefulness of all material and reports provided through or generated by the Website. Talyst does not warrant that the Website will be uninterrupted or error-free or that defects in the Website will be corrected.
Software or other material provided on this Website and related communications are provided “as is” for information purposes only and Talyst makes no guarantee or warranty with respect to correctness, reliability, accuracy or appropriateness of the material or the results obtained from the use of the services provided on the Website. In addition, all warranties, either express or implied, are hereby disclaimed, including warranties of performance, merchantability, fitness for a particular purpose (even if Talyst or its authorized representatives have been advised of the possibility of any such purpose), or non-infringement.
IN NO EVENT WILL TALYST OR ANY PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DISTRIBUTING THE WEBSITE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF TALYST OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM ATTRIBUTABLE TO USE OF THIS WEBSITE, INCLUDING ANY DAMAGES DUE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR SOFTWARE OR OTHER MATERIAL DOWNLOADED THROUGH OR HYPER LINKED FROM THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, TALYST ‘S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Talyst and its affiliates and their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any information you provide or from any violation of this Agreement by you.