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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.
NOTICES |
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, including but not limited
to injury or illness, strains, fractures, partial and/or total paralysis, death or
