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

IC RF Radiation Exposure Statement:
This equipment complies with IC radiation exposure limits set forth for an
uncontrolled environment. End users must follow the specific operating
instructions for satisfying RF exposure compliance. This transmitter must not
be co-located or operating in conjunction with any other antenna or transmitter.
European CE Notice
The SCALA RIDER TeamSet headset (the "Product") is in conformity with the
following essential requirements of Council Directive 1999/5/EC (referred to as
R&TTE Directive): Articles 3.1a, 3.1.b and 3.2. The Product is manufactured in
accordance with Annex II of the above directive.
Declaration of Conformity (DOC)
The SCALA RIDER TeamSet headset is compliant with and adopts the
Bluetooth Specification 2.0 and has successfully passed all interoperability
®
tests that are specified in the Bluetooth
interoperability between the device and other Bluetooth
not guaranteed.

WAIVER AND GENERAL RELEASE

By using the SCALA RIDER TeamSet headset(s) - hereafter referred to in
the singular - 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, Suppliers 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 TeamSet 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.
specification. However,
®
-enabled products is
®
SCALA RIDER
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, conditions or
circumstances, including malfunctioning of the Device, and all risks associated
with operating it rest solely and entirely with the user of this Device, irrespec-
tive 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 vol-
untarily 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 distress, pain,
suffering, discomfort, loss, injury, death, damages to or in respect to any per-
son or property however caused, WHETHER ARISING FROM THE NEGLI-
GENCE 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 dan-
gers exist in using the Device while in traffic, including but not limited to in-
jury or illness, 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 designing or manufacturing the Device; (c) these risks and
dangers may arise from foreseeable or unforeseeable causes. You hereby
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