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Specification 2.0 and has successfully passed all interoperability tests that are
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 you will waive substantial legal rights in-
cluding 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 at-
tention. Cardo Systems, Inc., including its Officers, Directors, Affiliates, Par-
ent 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 headset, including all derivative models irrespective of its commer-
cial name or branding (the "Device"), and stop your Vehicle on the roadside
prior to initiating or receiving calls. Any publications, advertisements, an-
nouncements 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 be-
low), 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 circum-
stances or conditions and irrespective of jurisdiction. Cardo will not be respon-
sible for any physical damages, irrespective of reasons, conditions or circum-
stances, including malfunctioning of the Device, and all risks associated with
operating it rest solely and entirely with the user of this Device, 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
QG SOLO 014 - QG0143.indd 9
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 distress, pain, suffer-
ing, discomfort, loss, injury, death, damages to or in respect 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 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
assume all risks and dangers and all responsibility for any losses and/or
damages, whether caused in whole or in part by the negligence or other
conduct of others, including the Company.
5. You confirm that you have read this release of liability and fully understand
its terms and that you have given up substantial rights by not returning the
Device for a full refund (see refund option below).
Disclaimer of Warranty
CARDO DISCLAIMS ALL EXPRESS AND IMPLIED WARR ANTIES
WITH REGARD TO THE ENCLOSED DEVICE, INCLUDING WITHOUT
SCALA RIDER
|
®
9/4/08 1:02:54 PM
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