Disclaimer of Warranties & Limitation of Liability
1. Disclaimer of Warranties.
1.1 If you are a customer who is a consumer (someone who uses the Helmet Phone Software outside of your trade, business, or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
1.2 you expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Helmet Phone software and any services performed by or accessed through the Helmet Phone software is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you.
1.3 to the maximum extent permitted by applicable law, the Helmet Phone software and services are provided “as is” and “as available”, with all faults and without warranty of any kind, and LIVALL tech co ltd and LIVALL licensors (collectively referred to as “LIVALL” for the purposes of sections (1 and 2) hereby disclaim all warranties and conditions with respect to the Helmet Phone software and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement of third party rights.
1.4 LIVALL does not warrant against interference with your enjoyment of the Helmet Phone software and services, that the functions contained in, or services performed or provided by, the Helmet Phone software will meet your requirements, that the operation of the Helmet Phone software and services will be uninterrupted or error-free, that any service will continue to be made available, that defects in the Helmet Phone software or services will be corrected, or that the Helmet Phone software will be compatible or work with any third-party software, applications or third party services. Installation of this Helmet Phone software may affect the availability and usability of third-party software, applications, or third-party services, as well as LIVALL products and services.
1.5 you further acknowledge that the Helmet Phone software and services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data, or information provided by the Helmet Phone software or SOS alert services could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems. 1.6 no oral or written information or advice given by LIVALL or a LIVALL authorized representative shall create a warranty. Should the Helmet Phone software or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
2. Limitation of liability.
To the extent not prohibited by applicable law, in no event shall LIVALL, its affiliates, agents, or principals be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data (including without limitation course instructions, assignments and materials), business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Helmet Phone software and services or any third-party software or applications in conjunction with the Helmet Phone software or services, however, caused, regardless of the theory of liability (contract, tort or otherwise) and even if LIVALL has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.