The Website, all of its content, and materials are made available on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Victus makes no representations or warranties regarding the accuracy, reliability, completeness, or availability of the Website or any content on it. To the fullest extent permitted by law, Victus disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Victus does not guarantee that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You use the Website at your own risk.
You agree to indemnify, defend, and hold harmless Victus, its affiliates, directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
Your access to or use of the Website;
Your violation of these Terms;
Your violation of any applicable laws or the rights of any third party; or
Any fraudulent, negligent, or wrongful act or omission by you.
If you are obligated to indemnify Victus, it will have the right, in its sole discretion, to control any legal action or proceeding and determine whether to settle it and if so, on what terms.
To the maximum extent permitted by law, Victus, its affiliates, shareholders, directors, officers, employees, agents, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to:
Your use of or inability to use the Website;
Any errors, defects, or inaccuracies in the Website;
Unauthorized access to or use of Victus' servers or data; or
Any conduct or content of third parties on the Website.
In no event shall Victus' total liability for all claims arising out of or related to these Terms exceed the amount you have paid, if any, to Victus for access to the Website in the past 12 (twelve) months, or if no such payments have been made, then liability shall be limited to the maximum extent permitted by applicable law.