16. Limitation of Liability
You agree that in no event shall Hiiro be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site and App or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Apps secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure. You agree that you use the App and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.
You expressly agree that your athletic activities (including, but not limited to, running, or following a Hiiro training plan offered on the services) carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Hiiro or by the action, inaction or negligence of others.
You expressly agree to release Hiiro, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability in connection with your athletic activities and/or use of the Hiiro websites, mobile applications, content, services or products (including, without limitation, any Hiiro training plan), and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the services, (b) your use or misuse of equipment or programs created or licensed by Hiiro (including, without limitation, any Hiiro training plan) while engaged in athletic activities, (c) your dealings with third-party service providers or advertisers available through the services, (d) any delay or inability to use the services experienced by you, or (e) any information, software, products, services or content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Hiiro has been advised of the possibility of damages.