Cardo Systems SCALA RIDER TEAMSET PRO User Manual page 12

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 ex-
pense (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, 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 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.
12 scala rider ® TeamSet ™
PRO
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 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 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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