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 choose to use the scala rider Q2 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, condi- tions 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 for- ever 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 ARIS- ING 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 negli- gent 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 negligence of the manu- facturers 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.
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, PROVIDED 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 AC-
CESSORIES BEING COMPLETE AND INTACT. WHEN DOING SO, PLEASE REFER TO THIS SECTION. BY NOT RETURNING THE DEVICE FOR REFUND WITHIN THE PERIOD PRO- VIDED, YOU ARE EXPLICITLY IN AGREEMENT WITH THE ABOVE, AND RENOUNCE ALL RIGHTS TO FUTURE CLAIMS AND DEMANDS AGAINST CARDO AS DEFINED ABOVE.
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