slalom in West Des Moines, Iowa, United States

Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will Where2WaterSki (John Horton, USA Water Ski & Wake Sport, American Water Ski Association) be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of services, even if Where2WaterSki (John Horton, USA Water Ski & Wake Sport, American Water Ski Association) has been advised of the possibility of such damages.

Arbitration Agreement.

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against Where2WaterSki (John Horton, USA Water Ski & Wake Sport, American Water Ski Association) any class action, class arbitration, or other representative action or proceeding.

Notice of Rights.

By using the services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Where2WaterSki (John Horton, USA Water Ski & Wake Sport, American Water Ski Association) . YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Court Proceedings.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Where2WaterSki (John Horton, USA Water Ski & Wake Sport, American Water Ski Association) (except for small-claims court actions) may be commenced only in the federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

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