Cardo Systems Scala-rider FM User Manual page 40

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, incl. but not limited to injury or illness, strains, fractures, partial and/or
total paralysis, death or other ailments that could cause serious disability; (c) 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; (d) 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 WARRANTIES WITH REGARD TO THE
ENCLOSED DEVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE DEVICE AND ITS ACCESSORIES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND BEYOND THOSE ASSUMED IN THE ENCLOSED MANUAL.
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.
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