Nexx X-com, User Manual

Page: 52 / 337

X-COM
52
WAIVER AND GENERAL RELEASE
By using the X-COM 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.
Nexxpro,s.a. (“NEXX”) and 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
X-COM 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 NEXX and 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. NEXX and 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.
NEXX and 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 NEXX and 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