Cardo Systems SCALA RIDER G4 User Manual page 23

pliers 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 G4 headset,
including all derivative models irrespective of its commercial name or brand-
ing (the "Device"), and stop your Vehicle on the roadside prior to initiating or
receiving calls. Any publications, advertisements, announcements 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 en-
couraging 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 below),
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 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, dis-
comfort, 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
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 dan-
gers 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 neg-
ligence 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.
scala rider G4 23
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