Sena Bluetooth SMH10R v4.3 User's Guide - Manual (Page 47)

English
SMH10R
47
WAIVER AND GENERAL RELEASE
By using the SMH10R you waive all substantial legal rights
including the right to sue. Please read the following carefully
before using the device. If you do not accept all the 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. Sena Technologies, Inc., including its
Officers, Directors, Affiliates, Parent Company, Representatives,
Agents, Contractors, Sponsors, Employees, Suppliers and
Resellers (jointly referred to as the “Company” or “Sena”) strongly
advise you to take all necessary precautions and remain alert to
the traffic, weather and road conditions if you choose to use the
SMH10R 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 encouraging users to operate the Device while
actively driving in traffic.
By 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 attorney’s fees) and
holding Sena harmless for any bodily injuries, harm or death as
well as losses or damages to 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. Sena
will not be held responsible for any physical damage, 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 the Device, irrespective of whether
the Device is used by the original purchaser or by any third party.
Sena 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 Sena 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