RevQ Application and Terms and Conditions of Use Agreement

a. Warning. The Product is designed solely for use with competitive water ski and wakeboard watercraft operating under ideal, calm conditions, utilizing a spotter and all other safety crew and requirements of tournament water skiing. The Product should not be used for any other purpose or under any other conditions.

b. ASSUMPTION OF RISK. YOUR PURCHASE AND USE OF THE PRODUCT IS EXPRESSLY CONDITIONED UPON YOUR ASSUMPTION OF ALL RISKS, DANGERS, CLAIMS AND LOSSES RELATING TO THE USE OF THIS PRODUCT, WHETHER OCCURING PRIOR TO, DURING OR SUBSEQUENT TO OR DIRECTLY OR INDIRECTLY CONNECTION TO SUCH USE, AND WHETHER CAUSED BY ANY PERSONS NEGLIGENCE OR OTHERWISE.

c. Sole Remedy. Purchaser's sole remedy for any claims, demands, losses or causes of action relating to any and all liability for damages for personal injury, property loss or economic loss arising from the purchase and use of this Product shall be limited to the replacement of the Product or a refund of all or a portion of the purchase price therefore, at the Purchaser's option, pursuant to Seller's Product warranty.

d. LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND/OR DEALERS ("SELLER") BE LIABLE TO PURCHASER, ITS CUSTOMERS, ASSIGNS, EMPLOYEES, AGENTS OR USERS (AUTHORIZED OR UNAUTHORIZED) ("PURCHASER") FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE OR DAMAGES, LOSSES OR EXPENSES FOR PERSONAL INJURY, PROPERTY LOSS OR ECONOMIC LOSS, ARISING DIRECTLY OR INDIRECTLY FROM ANY ALLEGED BREACH OF WARRANTY, BREACH OF CONTRACT OR ANY ACT, USE OR OMISSION OF ANY PERSON, TORTIOUS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY AND PRODUCT LIABILITY, WHETHER AT EQUITY OR AT LAW. PURCHASER HEREBY RELEASES AND FOREVER DISCHARGES SELLER UNDER ANY CIRCUMSTANCE AND THEORY OF LAW FROM ANY LIABILITY FOR THE SALE AND USE OF THE PRODUCT IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT. {1220171:}