1
| SCALA RIDER
®
Q2
™
MultiSet
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 alert
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ness 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 neg
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ligence 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 foresee
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able 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 CONDI-
TIONS, YOU MAY RETURN THIS DEVICE TO CARDO FOR A FULL REFUND,
PROVIDED THAT YOU DO SO NO LATER THAN BUSINESS DAYS FOLLOW-
ING THE PURCHASE OF THE DEVICE (proof of purchase required) AND SUB-
JECT TO THE WRAPPING BEING 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 DEMANDS
AGAINST CARDO AS DEFINED ABOVE.
www.cardosystems.com
