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
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 manufactur- ers or its agents or any third party involved in designing or manufactur- ing 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, includ- ing 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
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 LI- ABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAM- AGES. 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 CON- DITIONS, 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 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 AGREEMENT WITH THE ABOVE, AND RENOUNCE ALL RIGHTS TO FUTURE CLAIMS AND DE- MANDS AGAINST CARDO AS DEFINED ABOVE.
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scala rider® G4™ PowerSet | 23 |