Cardo Systems SCALA RIDER FM User Manual page 12

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 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 voluntarily 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 person or property however caused,
WHETHER ARISING FROM THE NEGLIGENCE OR OTHERWISE, and which may here-
after 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 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 negli-
gence 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 responsi-
bility for any losses and/or damages, whether caused in whole or in part by the
negligence or other conduct of others, including the Company.
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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.
RETURN FOR FULL REFUND
IF YOU ARE UNWILLING TO ACCEPT AND AGREE TO THE ABOVE CONDITIONS,
YOU MAY RETURN THIS DEVICE TO THE STORE FOR A FULL REFUND, PRO-
VIDED THAT YOU DO SO NO LATER THAN 7 BUSINESS DAYS FOLLOWING THE
PURCHASE OF THE DEVICE (proof of purchase required) AND SUBJECT TO THE
RETAIL BOX AND ALL ACCESSORIES BEING COMPLETE AND INTACT. WHEN
DOING SO, PLEASE REFER TO THIS SECTION. BY NOT RETURNING THE DEVICE
FOR REFUND WITHIN THE PERIOD PROVIDED, YOU ARE EXPLICITLY IN AGREE-
MENT WITH THE ABOVE, AND RENOUNCE ALL RIGHTS TO FUTURE CLAIMS AND
DEMANDS AGAINST CARDO AS DEFINED ABOVE.
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