Waiver And General Release - Cardo Systems SCALA RIDER SOLO User Manual

specified in the Bluetooth® specification. However, interoperability between
the device and other Bluetooth®-enabled products is not guaranteed.

WAIVER AND GENERAL RELEASE

By using the scala rider Solo you will waive substantial legal rights
including the right to sue. Please read the following carefully before
using the device. If you do not accept all terms of this agreement, you
should immediately return the product for a full refund. By using the
headset you agree to be bound to this agreement and forfeit the right
to sue.
Using a communication device while riding a motorcycle, scooter, moped,
ATV, quad-bike or any other vehicle or equipment, whether on land, water
or air (jointly referred to as "Vehicle") requires your complete and undivided
attention. Cardo Systems, Inc., including its Officers, Directors, Affiliates, Parent
Company, Representatives, Agents, Contractors, Sponsors, Employees, Sup-
pliers and Resellers (jointly referred to as the "Company" or "Cardo") strongly
advises you to take all necessary precautions and remain alert to the traffic,
weather and road conditions if you choose to use the scala rider Solo
headset, including all derivative models irrespective of its commercial name
or branding (the "Device"), and stop your Vehicle on the roadside prior to
initiating or receiving calls. Any publications, advertisements, announcements
or similar notes that refer to using the Device while riding a Vehicle are solely
intended to address its technical capabilities and should not be misconstrued
as if encouraging users to operate the Device while actively involved in traffic.
By way of purchasing this Device and not returning it for a full refund (see
below), you are irrevocably releasing, indemnifying from any liability, loss,
claim and expense (including attorneys fees) and holding Cardo harmless for
any bodily injuries, harm or death as well as losses or damages in goods, to
any Vehicles including your own, or to any property or asset that belong to
you or to third parties, any of which may result from using the Device under
any circumstances or conditions and irrespective of jurisdiction. Cardo will
not be responsible for any physical damages, irrespective of reasons, condi-
tions or circumstances, including malfunctioning of the Device, and all risks
associated with operating it rest solely and entirely with the user of this De-
vice, irrespective of whether the Device is used by the original purchaser or
any third party.
Cardo hereby notifies you that using this Device may also be in contravention
to local, federal, state or national laws or regulations, and that any use of the
Device is entirely at your sole risk and responsibility.
1. You, your heirs, legal representatives, successors or assigns, hereby volun-
tarily and forever release, discharge, indemnify and hold harmless Cardo
from any and all litigation, claims, debts, demands, actions and liability
which may arise, directly or indirectly, from using the Device for any dis-
tress, pain, suffering, discomfort, loss, injury, death, damages to or in re-
spect to any person or property however caused, WHETHER ARISING FROM
THE NEGLIGENCE OR OTHERWISE, and which may hereafter accrue to you
on some future date as a result of said use, to the fullest extent permitted
by law.
2. You fully understand and assume the risks in using the Device, including
risk of negligent acts or omissions by others.
3. You confirm that you are physically capable to use the Device and that you have
no medical conditions or needs that may infringe upon your abilities to do so in
a safe manner. You confirm that you are at least eighteen (18) years of age and
that you have been advised of the risks associated with the use of the Device.
You further confirm that you will not consume any alcohol that may affect your
alertness or any mind-altering substance, and will not carry, use or consume
these substances before or during the use of the Device.
4. You fully acknowledge our warnings and understand that: (a) risks and dangers
exist in using the Device while in traffic, including but not limited to injury or ill-
ness, strains, fractures, partial and/or total paralysis, death or other ailments that
could cause serious disability; (b) these risks and dangers may be caused by the
negligence of the manufacturers or its agents or any third party involved in de-
scala rider Solo 11
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