17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Adventure IO Platform and Collective Content, your publishing or booking of any Adventure via the Adventure IO Platform, participation in any Adventure or use of any other Guide Service, or any other interaction you have with other Users whether in person or online remains with you. Neither Adventure IO nor any other party involved in creating, producing, or delivering the Adventure IO Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Adventure IO Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Adventure IO Platform, or (iv) from your publishing or booking of an Adventure, including the provision or use of an Adventure or Guide Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Adventure IO has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no way will Adventure IO’s aggregate liability arising out of or in connection with these Terms and your use of the Adventure IO Platform including, but not limited to, from your publishing or booking of any Adventures via the Adventure IO Platform, or from the use of or inability to use the Adventure IO Platform or Collective Content and in connection with any Adventures, other Guide Service, or interactions with any other Users, exceed one hundred dollars (US$100), or if you are a Guide, one hundred U.S. dollars (US$100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Adventure IO and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Adventure IO’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If your Country of Residence is in the EU, Adventure IO is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Adventure IO is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Adventure IO in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Adventure IO is excluded.