Revised Jan 2021
You will have been forwarded to this Liability Statement page from a link you have been required to click in the Taiflow Terms and Conditions which you agree to as laid out in those Terms and Conditions by your usage of the Taiflow websites, Services, and Materials
Your usage of the Taiflow websites, The Services, and The Materials is agrementalso the endorsement, and acceptance by you of these terms as these are written into this Taiflow Liability Statement
(a) The parties agree that Taiflow.com, its employees and associate third-parties, and The User of Tailfow.com websites being the Parties which accord to the Taiflow Terms and Conditions, shall primarily hold one another harmless in all or any contentions, legal contests, claims, and demands arising solely upon either one single Party alleged remiss.
Neither Party shall be responsible to or for the other Party in its performing that portion of requirements pertaining to a Party, and which are required for performance separately, or in unison by Parties, and under the conditions laid out in Tailfow’s Terms and Conditions.
A User shall be legally responsible to, and shall indemnify and hold Tailflow harmless in regard to a User, along with or via any third-parties, asserting any claims against Taiflow, its officers, employees, and agents, and associate third-parties.
This holding harmless applies whether or not it is represented by a final judgment, and is in force even when such claims arise out of or result from Taiflow’s negligence or wrongful acts in performing Terms and Conditions, and this exclusion is inclusive of all claims for bodily injury (including death), personal injury, property damage, and other losses, liabilities, costs, and expenses (including but not limited to attorney fees).
(b) With respect to entities of State government that are subject to State law restrictions and concerning their ability to indemnify and hold harmless third parties ("Restricted State Entities"), the obligation to indemnify and hold harmless Taiflow.com in Paragraph shall apply to the full extent permitted by applicable State law.
(i) In addition, a User, and even if a User is a Restricted State Entity, here represents and warrants that no part of The Services or of The Materials delivered by such a Restricted State Entity to Taiflow.com shall include anything of an obscene, libelous, defamatory, disparaging, or injurious nature;
(ii) and represents that neither The Materials nor any title to The Materials will infringe upon any copyright, patent, property right, personal right, or other right; and that all statements in The User’s name, including those within The User’s portion of The Materials themselves, are true to the actual knowledge and belief of The User, or else based upon reasonable research for their accuracy.
(c) The term "wrongful acts" herein used shall include any tortious act or omission, willful misconduct, failure to comply with Federal or state governmental requirements, copyright or patent infringement, libel, slander or other defamatory or disparaging statement in any written deliverable required under the contract, or any false or negligent statement or omission made by The User in his/her Materials at the Tailflow website or upon the topic of Taiflow.com.
(d) Both Taiflow and The User shall give prompt notice to one another upon learning of the assertion of any claim, or the commencement of any action or proceeding, in respect of which a claim under this statement may be sought, specifying, if known, the facts pertaining thereto and an estimate of the amount of the liability arising therefrom, but no failure to give such notice shall relieve Taiflow or The User of any liability hereunder except to the extent actual prejudice is suffered thereby.
The User and Taiflow agree to cooperate with one another in the defense of any claim, action, or legal proceeding, arising out of or resulting, when such performance is required under the Taiflow Terms and Conditions, from Taiflow’s performance of The Services and handling of The Materials. Nonetheless each party shall control its own defense. Taiflow shall also have the option in its sole discretion to permit The User or its insurance carrier to assume the defense of any such claims against Tailfow.
The obligations under this Statement survive the termination, expiration, or completion of performance by The User as these are laid out in the Taiflow Terms and Conditions.