User's Manual

38
erty however caused, WHETHER ARISING FROM THE NEGLIGENCE OR OTHER-
WISE, 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 conrm 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 conrm 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 conrm that you will not consume any alcohol that may
aect 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 trac, 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 dan-
gers 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 conrm that you have read this release of liability and fully under-
stand its terms and that you have given up substantial rights by not
returning the Device for a full refund (see refund option below).
Disclaimer of Warranty
THE COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH
REGARD TO THE ENCLOSED DEVICE, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. THE DEVICE AND ITS ACCESSORIES
ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY
KIND BEYOND THOSE ASSUMED IN THE ENCLOSED MANUAL.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE DEVICE,
WHETHER BASED
ON BREACH OF CONTRACT, TORT (INCLUDING NEGLI-
GENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POS-
SIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE DEVICE
WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE
STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
RETURN FOR FULL REFUND
IF YOU ARE UNWILLING TO ACCEPT AND AGREE TO THE ABOVE CONDI-
TIONS, YOU MAY RETURN THIS DEVICE TO THE RESELLER OR TO THE
COMPANY FOR A FULL REFUND, PROVIDED THAT YOU DO SO NO LATER
THAN 7 BUSINESS DAYS FOLLOWING THE PURCHASE OF THE DEVICE
(proof of purchase required) AND SUBJECT TO THE WRAPPING BEING
INTACT. WHEN DOING SO, PLEASE REFER TO THIS SECTION. BY NOT
RETURNING THE DEVICE FOR REFUND WITHIN THE PERIOD PROVIDED,
YOU ARE EXPLICITLY IN AGREEMENT WITH THE ABOVE, AND RE-
NOUNCE ALL RIGHTS TO FUTURE CLAIMS AND DEMANDS AGAINST THE
COMPANY AS DEFINED ABOVE.
www.schuberth.com
QG SRC 131 - QG0160.indd 38 10/20/09 11:29 AM