PLEASE READ THE FOLLOWING SECTIONS CAREFULLY: THEY MAY LIMIT THE LIABILITY OF iGoSafely (iGS) AND ITS PARENTS, DISTRIBUTORS, PROMOTERS, SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “iGoSafely Group”).
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this TOS is intended to limit any rights you may have that may not be lawfully limited.
The iGoSafely application, (hereinafter referred to as ‘iGoSafely’ or ‘iGS’) and any third-party software, services, or applications made available in connection with the iGoSafely application are provided “as is,” without warranty of any kind.
To the maximum extent permitted by applicable law, iGS and the iGS Group disclaim all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
You are solely responsible for any damage to your equipment or device, loss of use, or loss of data. iGS and the iGS Group are not responsible or liable for any harm or damage caused by other parties to you, your property, or your data. The iGS application is not intended or implied to be a device to summon emergency responders in the event you, or those around you, are injured in any way and the iGS Group are not insurers or guarantors that your contacts will be notified by the iGS application. You fully recognize that the use of the iGS application is specifically and completely at your discretion and is not a substitute for notifying the proper authorities in the event of being a victim of, or witness to, a crime or injury.
You agree to indemnify and hold harmless iGS and the iGS Entities from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the iGS Services, (b) any violation of the rights of any other person or entity by you, or (c) your breach of any part of this TOS.
iGS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
C. Limitation of Liability
To the maximum extent permitted by law, iGS and the iGS Entities will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of the iGS Services, even if iGS has been advised of the possibility of such damages.
In no event shall iGS or the iGS Entities’ total liability to you for all damages, losses, or causes of action arising out of or relating to this TOS exceed (1) the amounts you paid to access the iGoSafely services during the twelve (12) months immediately preceding the date of your claim or (2) one thousand U.S. dollars, whichever is greater.
The limitations of liability set forth in this section will survive any termination or expiration of this TOS, and will apply even if any limited remedy specified in this TOS is found to have failed of its essential purpose