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c. DISCLAIMER AND GENERAL RELEASE
By using the scala rider G4 you will waive substantial legal rights including the right to sue. Please read the following
carefully before using the device. If you do not accept all terms of this agreement, you should immediately return the
product for a full refund. By using the headset you agree to be bound to this agreement and forfeit the right to sue.
Using a communication device while riding a motorcycle, scooter, moped, ATV, quad-bike or any other vehicle or
equipment, whether on land, water or air (jointly referred to as "Vehicle") requires your complete and undivided attention.
Cardo Systems, Inc., including its Officers, Directors, Affiliates, Parent Company, Representatives, Agents, Contractors,
Sponsors, Employees, Suppliers 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 chose to use the scala
rider G4 headset, including all derivative models irrespective of its commercial name or branding (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 encouraging 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, 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.
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; (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 THIS 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.