DRAFT
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other ailments that could cause serious disability; (c) 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; (d) 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 CARDO 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 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.
19. Definitions
