Disclaimer

Disclaimer

DISCLAIMER OF WARRANTIES

SPARSE MATRIX SOLUTIONS ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPARSE MATRIX SOLUTIONS MAKES NO WARRANTY:

 

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

 
LIMITATION OF LIABILITY
 

SPARSE MATRIX SOLUTIONS ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

 

SPARSE MATRIX SOLUTIONS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 
INDEMNIFICATION
 

You will release, indemnify, defend and hold harmless Sparse matrix solutions, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services (including Trial Service); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Sparse Matrix Solutions When Sparse Matrix Solutions is threatened with suit or sued by a third party, Sparse Matrix Solutions may seek written assurances from you concerning your promise to indemnify Sparse Matrix Solutions; your failure to provide such assurances may be considered by Sparse Matrix Solutions to be a material breach of this Agreement. Sparse Matrix Solutions will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Sparse Matrix Solutions choice at its expense. Sparse Matrix Solutions will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Sparse Matrix Solutions against any claim, but you must receive Sparse Matrix Solutions prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.