Disclaimer of Warranty
You assume sole responsibility for the safe use of the iHope application and for the safety of yourself and anyone you contact using the application. You expressly acknowledge and agree that use of the application is at your sole risk. The application and documentation are provided ‘as is’ and ‘as available’ without warranty of any kind. To the maximum extent permitted by applicable law, ACADV further disclaims all warranties; including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use or performance of the application remains with you the user. ACADV does not warrant against interference with your enjoyment of the application, that the functions contained in the application or services performed or provided by the application will meet your requirements, that the operation of the application or services will be uninterrupted or error-free, or that defects in the application or services will be corrected. No oral or written information or advice given by ACADV or its authorized representative shall create a warranty.
Emergency Response Limitations
If you use the application as a means of notifying emergency response personnel (e.g., police, fire department, ambulance) to provide you with on‐location assistance based on information transmitted through the application, emergency response personnel will not be able to respond unless they can confirm: (a) your location within reasonable accuracy, and (b) that an emergency actually exists. ACADV cannot guarantee that any emergency personnel will respond in a timely manner or at all, or that the most appropriate personnel will respond. Additionally, emergency response personnel may not respond because of local laws, regulations, or policies.
Limitation of Liability
To the extent not prohibited by law, in no event shall ACADV be liable for personal injury or any incidental, special, indirect, special, punitive, consequential or other damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if ACADV has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. You assume sole liability for any damages arising from your modifications or attempts to modify the software.