Terms, Conditions and Privacy Policy

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

Talyst Inc. (“Talyst”) maintains this Talyst.com Website (the “Website”) as a service to its customers, subject to compliance with the terms set forth in this Agreement. Talyst may modify this Agreement at any time, and such modifications will be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Website after any modification will be deemed your conclusive acceptance of the modified Agreement. Proceeding to use the Website indicates your acknowledgment you have read and accepted these terms and conditions.

COPYRIGHTS

Copyright 2002-2013 Talyst Inc. All rights reserved. The entire contents of this Website are copyright protected under United States copyright laws by Talyst. No part of this Website may be reproduced, stored in a retrieval system, transmitted or retransmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Talyst. You may print and download portions of material from the different areas of the Website solely for your own non-commercial, individual reference. Material downloaded from the Website (“Software) is the property of Talyst or its licensors and is protected by United States and international copyright and intellectual property laws and treaty provisions. All rights to patents, copyrights, trademarks, service marks, trade secrets and other intangible property rights in the Software or any modifications to it shall remain with Talyst and its licensors. You may not modify, reverse engineer, decompile, disassemble or create derivative works based on the Software, or remove any proprietary notices or labels that it contains. Subject to the foregoing, you may make: (a) one machine-readable copy, (b) one backup copy, and © one print copy of any portions of material downloaded from different areas of the Website solely for your non-commercial, individual reference. Any other copying, distribution or publication is strictly prohibited without the express prior written consent of Talyst.

TRADEMARKS

Talyst service and product names, including, but not limited to; Talyst®, AutoPharm®, AutoLabel®, AutoSplit®, AutoVault®, Barcode to Dose®, AutoCarousel®, AutoCool®, AutoPack®, Flag Label®, and Intelligent Pharmacy Solution® are trademarks and/or registered trademarks of Talyst Inc. Trademarks of third parties may appear on this site when referring to those entities or their products or services. All registered names and trademarks used on this site, even when not specifically marked as such, are not to be considered unprotected by law. Any names and trademarks not specifically marked or listed are property of the respective owner.

LIMITS ON ACCURACY

The Website was developed as a service by Talyst to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. It is important that you rely on the advice of an appropriate professional when interpreting and using this information.

NOTHING CONTAINED IN ANY PRESENTATION IS TO BE CONSTRUED AS MEDICAL, LEGAL, INVESTMENT, FINANCIAL OR OTHER ADVICE. THIS INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR SUCH ADVICE.

TALYST WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, BUT TALYST MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. ALL USERS AGREE THAT ALL ACCESS TO AND USE OF THE WEBSITE IS AT THEIR OWN RISK.

INFORMATION ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION MAY BE CHANGED OR UPDATED WITHOUT NOTICE. TALYST MAY ALSO MAKE IMPROVEMENTS AND CHANGES IN THE PRODUCTS AND SERVICES DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website and Software, you agree not to use the Website or Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to use the Website or Software in any manner that could damage, disable, overburden, or impair any Talyst server, or the network(s) connected to any Talyst server, or interfere with any other party’s use and enjoyment of the Website and Software. You agree not to attempt to gain unauthorized access to the Website or Software, other accounts, computer systems or networks connected to any Talyst server or to the Website, through hacking, password mining or any other means. You also agree to not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Software.

SECURITY

Although Talyst makes a genuine effort to ensure the security of information and transactions conducted on its Website, including employing encryption technology, it cannot and does not guarantee communications and transactions conducted online will be secure. You acknowledge this and that system failures may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of Talyst’s online services, including the risk posed by any breach in the security of communications and transactions you conduct with Talyst online.

You are solely responsible for maintaining the confidentiality of your password and other security devices and agree Talyst will have no obligation with regard to them. You are also entirely responsible for any and all activities that occur under your account and you may not use anyone else’s account at any time without the permission of the account holder. You agree to notify Talyst immediately of any unauthorized use of your account or any other breach of security. Talyst will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. However, you could be held liable for losses incurred by Talyst or another party due to someone else using your account or password.

For purposes of identification, billing and marketing, you agree to provide Talyst with accurate, complete and up-to-date information required for the services and, specifically, you agree to notify Talyst within 20 days of any changes in any such information.

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.

INDEMNITY

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.

GENERAL

This site is controlled, operated and administered by Talyst from its offices within the United States of America. Talyst makes no representation that materials at this site are available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. This Agreement will be governed and construed in accordance with the internal laws of the State of Washington applicable to agreements made and to be performed in Washington. You agree that any legal action or proceeding between Talyst and you for any purpose concerning this Agreement or the parties’ obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in King County, Washington, USA. Any claim or cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any rights not expressly granted herein are reserved to Talyst. Talyst’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. Talyst may assign its rights and duties under this Agreement to any party at any time without notice to you. All provisions of this Agreement will be deemed to be severable. This Agreement and its related documents supersede all prior oral and written representations and agreements, which may have been entered into by the parties to this Agreement that relate to the subject matter of this Agreement. Captions in this Agreement are intended for convenience of reference only. Words used in this Agreement, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. This Agreement will benefit, and be binding upon, the successors and assigns of the parties to this Agreement. Neither party to this Agreement will be liable for its failure to perform an obligation under this Agreement if that failure results from any cause, except financial, beyond that party’s reasonable control. Any provision of this Agreement may survive this Agreement’s termination if the provision’s context shows that the parties to this Agreement intended the provision to survive.