Sena Bluetooth SMH10 v5.0 User's Guide - Manual (Page 51)

SMH10
52
WAIVER AND GENERAL RELEASE
By using the product 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 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 product 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 if encouraging users
to operate the Device while actively involved in traffic.
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 attorney’s fees)
and holding Sena 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. Sena 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.
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 respect to any