Dear User, by using this application, you accept, acknowledge and agree with all safety provisions set forth herein and assume full, exclusive and sole responsibility for the use of the application, and you further agree and acknowledge that your use of the application is made entirely at your own risk and in compliance with all applicable laws and regulations in your jurisdiction.
Limitation of Liability.
In no event shall Cardo be liable for any incidental, special, indirect, punitive, exemplary or consequential damages, whether resulting from the use, misuse, or inability to use this application or from defects in the application, or for any damages whatsoever resulting from the use of the application, whether based on breach of contract, tort (including negligence), application liability or otherwise, and whether was caused by our acts or omissions or by the acts or omissions of other Users or third parties, even if advised of the possibility of such damages. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement to which you consent and without which the application would not be provided to you absent such limitations. Some states do not allow certain exclusions of incidental or consequential damages, so the above limitations may not apply to you.
Important information – waiver and general release warning:
Cardo Systems Inc., (“Cardo” or the “Company”) notifies you that your complete and undivided attention is required when using the application while riding. Failure to avoid potentially hazardous situations could result in accident resulting in serious injury or death. Cardo advises you to take all necessary precautions and remain alert to the traffic, weather and all road conditions. It is best to stop away from traffic prior to activating or deactivating the application. Do not perform pairing, reset or similar operations while riding. All publications are intended to address technical capabilities and should not be construed as encouraging the operation of Cardo’s application in any manner that is unsafe or prohibited by law. Exercise all due caution while using this application and obey all applicable traffic laws. Always ride and use the application in a safe manner. Do not become distracted by the application while riding on a vehicle. When riding, always consider road, traffic, terrain and other conditions to maximize safety. Do not operate the application if it becomes unsafe to do so. In some regions or states, the use of mobile applications is prohibited or restricted. Check all laws and regulations that apply in your region before using the application and be mindful that compliance with all laws and regulations is the user’s responsibility. Use the application in motion only where and in the manner that such application is permitted by applicable law. The application should not be used in contravention of local, state or federal laws and regulations. Please check federal, state and local laws and regulations before using the Cardo application. Use the application only where safe and avoid usage at gas stations, fuel depots or around explosives.
Cardo also notifies you that the application includes an ability for each User to record group conversations. If you wish to record a call, you must alert the other participants in the call of such recording, in advance, to allow them to drop from the call in the event that they are not interested in being recorded. Please note that recording is done by each User on its sole responsibility. Cardo does not have any responsibility or liability to anything related to such recording, nor has any access to the recordings which are stored in each recording User’s device. This includes liability with respect to the voice recording storage, security, loss etc.