Cardo Systems Scala Rider FM User Manual page 12

| SCALA RIDER
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
LIMITATION ANY IMPLIED WARR ANTIES OF MERCHANTABILITY,
FM™
®
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE DEVICE AND ITS
IS" AND "AS AVAILABLE" WITHOUT WARR ANTY OF ANY KIND
BEYOND THOSE ASSUMED
Limitation of Liability
IN NO EVENT SHALL CARDO BE LIABLE FOR ANY SPECIAL, INDIRECT,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE
DEVICE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND
AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THIS AGREEMENT AND THE DEVICE WOULD NOT BE
PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES
MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
RETURN FOR FULL REFUND
IF YOU ARE UNWILLING TO ACCEPT AND AGREE TO THE ABOVE CONDI-
TIONS, YOU MAY RETURN THIS DEVICE TO CARDO FOR A FULL REFUND,
PROVIDED THAT YOU DO SO NO LATER THAN 7 BUSINESS DAYS FOL-
LOWING THE PURCHASE OF THE DEVICE (proof of purchase required)
AND SUBJECT TO THE WRAPPING BEING INTACT. WHEN DOING SO,
PLEASE REFER TO THIS SECTION. BY NOT RETURNING THE DEVICE
FOR REFUND WITHIN THE PERIOD PROVIDED, YOU ARE EXPLICITLY IN
AGREEMENT WITH THE ABOVE, AND RENOUNCE ALL RIGHTS TO FU-
TURE CLAIMS AND DEMANDS AGAINST CARDO AS DEFINED ABOVE.
www.cardosystems.com
12
ACCESSORIES ARE PROVIDED
IN THE ENCLOSED
"AS
MANUAL.