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SX.COM 2
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.
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 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
NEXX
and 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.
NEXX
and 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.
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 respect to any person or property
however caused, WHETHER ARISING FROM THE NEGLIGENCE OR
OTHERWISE, and which may hereafter accrue to you on some future
date as a result of said use, to the fullest extent permitted by law.
