TERMS AND CONDITIONS OF USE AGREEMENT

This Terms of and Conditions of Use Agreement ("Agreement") is entered into between Boomerboard, LLC, a Connecticut limited liability company doing business as WaveJet ("WaveJet") and you, the user of the Website (as defined below) (the "User") and governs your use of the website located at www.wavejet.com (the "Website"). By accessing and viewing the Website you are agreeing to be bound by this Agreement. References in this Agreement to "we," "us" or "our" mean WaveJet and references to "you" and "your" mean the User.

This Agreement is a binding agreement between you and WaveJet, who agree as follow:

Service; Information. The Website provides information about our products and acts as a venue to allow you to submit contact information to us to request additional information. The Website may also allow you to purchase our products. The text, images, videos, information and other material provided on the Website is for informational purposes only. We assume no responsibility for how the information and material contained on the Website is used. Because information changes rapidly, some information on the Website may be out of date. We have no obligation to update the information contained on the Website.

Contact. By providing your contact information and requesting more information you are consenting to be contacted by us based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. In the event you no longer want to receive communications from us, you agree to notify us directly and in writing.

Term and Termination. This Agreement is automatically renewed each time you access the Website and/or use our services. This Agreement may be terminated by us, effective immediately in the event of a breach by you of any of the provisions set forth in this Agreement, as determined by us in our sole and absolute discretion. Termination will be without prejudice to any other right or remedy to which we may be entitled under this Agreement or at law. You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, or upon any other termination of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Website, with or without notice.

License. We grant each User a limited, revocable, non-exclusive license to access the Website in order to view the Website and make legitimate inquiries to us regarding our products, all in accordance with this Agreement. Any other use of the Website is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, modification, display or derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools, and all such actions are prohibited; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website.

Use of the Website and Service. You represent and warrant that: (i) you are at least eighteen (18) years of age; and (ii) your use of the Website is in compliance with all applicable federal, state, and local laws and regulations. Further, you agree that all information you have submitted to us, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Website.

Content. You are solely responsible for any content, communications, discussions, chats, postings, transmissions, messages, or profiles (collectively, "Content") that you communicate, transmit, publish or display (hereinafter, "post") on the Website. You understand and agree that we may review and delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of us or any user of the Website.

Prohibited Conduct. You agree that you will not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) use the Website for any unauthorized use including but not limited to chain letters, junk mail, "spamming," telephone solicitations in violation of any state or federal Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process; (iii) submit, transmit, promote or distribute information or content that is illegal; (iv) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) upload invalid data, viruses, worms, or other software agents through the Website; (vi) use any robot, spider, scraper or other system to access the Website for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Website; or, (x) bypass the measures we may use to prevent or restrict access to the Website.

Accuracy of Information. We make no, and disclaim all, express or implied representations and warranties as to the accuracy, correctness, reliability or otherwise with respect to any information on the Website, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Website. The information provided on the Website is compiled from a variety of sources. Reliance on any information provided by the Website is solely at your own risk. Additionally, the Website may contain links to third-party sites that may use cookies, collect data and solicit information. We do not endorse these third party sites or such third party sites’ products or services and we are not affiliated with the operators of such sites.

Privacy. Since we cannot guarantee security of information on the Website, all use thereof is at your own risk and without recourse against us. Information that we obtain from you, or from transactions processed through the Website, including name; email address; phone number; birth date; address; credit card information; and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated into this Agreement. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction.

Intellectual Property. "WaveJet" and our logos and other marks are trademarks of WaveJet ("Trademarks"). We exclusively own all worldwide right, title and interest in and to all the Trademarks and all content, graphics, designs, documentation, software, data, and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (collectively, the "Intellectual Property"). The posting of information or materials on the Website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You will not challenge, contest or otherwise impair WaveJet’s ownership of the Website and the content therein or the validity or enforceability of WaveJet’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Website at any time without notice. Nothing contained in this Agreement will be construed by implication, estoppel, or otherwise as granting to you an ownership interest in the Intellectual Property or any other intellectual property right of WaveJet or any third party. None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted, modified, reverse engineered, or copied in any form or by any means.

International Users. If you use the Website from outside of the United States, your connection will be through and to servers located in the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Website, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.

Disclaimer. THE WEBSITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. IN ADDITION, WE DISCLAIM (i) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY SERVICES PROVIDED BY AFFILIATES THROUGH THE WEBSITE; (ii) ANY LIABILITY FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT ON THE WEBSITE; (iii) ANY LIABILITY FOR THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (iv) ANY LIABILITY FOR OTHER DAMAGES THAT MAY RESULT FROM THE TRANSMISSION, USE OR INABILITY TO USE THE WEBSITE OR CIRCUMSTANCES OVER WHICH WE HAVE NO PRACTICAL CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE BY US OF ANY KIND.

WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.

Limitation of Liability. WE WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, THE RESULTS GENERATED FROM THE USE OF THIS WEBSITE, LOSS OF GOODWILL OR PROFITS, LOST DATA, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

Indemnity. You will indemnify, defend and hold us, our members, managers, shareholders, partners, affiliates, representatives, agents, and employees, harmless from and against any and all claims, actions, demands, losses, costs, damages or expenses, judgments, attorney’s fees, and other expenses of every nature and character by reason of (a) your use of the Website and (b) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.

Amendment. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice by posting an amended version of this Agreement on the Website. It is your sole responsibility to regularly review this Agreement for changes each time you use the Website, and in any event your continued use of the Website following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Website, the terms of which are incorporated by this reference, constitutes your acceptance of any changes.

Miscellaneous. This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal actions related to this Agreement and/or the Website, or your use thereof, will be brought and conducted exclusively in San Diego County, California, and you hereby consent to such jurisdiction and authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this section. If any provision of this Agreement will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision nor the right to enforce such provision.

If you have any questions regarding this Agreement, please contact us: 9937 Prospect Ave, Suite 9, Santee, CA 92071; email: products@wavejet.com; telephone: 619-258-0417.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE YOUR USE OF THE WEBSITE.

EFFECTIVE DATE: December 1, 2011