SPH10S
30
By using the SPH10S 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 SPH10S 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
WAIVER AND GENERAL RELEASE
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.
