SMH3
24
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 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.
2. You fully understand and assume the risks in using the Device,
including risk of negligent acts or omissions by others.
3. You confirm that you are physically capable to use the Device and
that you have no medical conditions or needs that may infringe upon
your abilities to do so in a safe manner. You confirm that you are at
least eighteen (18) years of age and that you have been advised of
the risks associated with the use of the Device. You further confirm
that you will not consume any alcohol that may affect your alertness
or any mind-altering substance, and will not carry, use or consume
these substances before or during the use of the Device.
4. You fully acknowledge our warnings and understand that: (a) risks
and dangers exist in using the Device while in traffic, including but
not limited to injury or illness, strains, fractures, partial and/or total
paralysis, death or other ailments that could cause serious disability;
(b) these risks and dangers may be caused by the negligence of the
manufacturers or its agents or any third party involved in designing
or manufacturing the Device; (c) these risks and dangers may arise
from foreseeable or unforeseeable causes. You hereby assume
all risks and dangers and all responsibility for any losses and/or
damages, whether caused in whole or in part by the negligence or
other conduct of others, including the Company.
5. You confirm that you have read this release of liability and fully