DJO ("Guarantor") will pay the individual patient the sum of one thousand dollars ($1,000.00) if he or she re-ruptures his/her anterior cruciate ligament ("ACL") while wearing a duly registered Defiance Functional Knee Brace (the "Brace").

This limited Guaranty is subject to the following terms and conditions:

• The Guaranty extends only to the original purchaser of the Brace.
• The original purchaser must have purchased the Defiance within 6 months of their surgery date to be eligible for Guaranty.
• In order to be eligible for the Guaranty, the patient is required to complete the enclosed Guaranty card within sixty (60) days of purchase of the Brace. A copy of the original receipt for the Brace must be returned with the Guaranty card. The Guaranty shall be limited to one (1) year from the date of purchase of the Brace.
• Only a patient who has previously ruptured his/her ACL and has had ACL surgical reconstruction is eligible for the Guaranty. The patient must be wearing the Brace at the time he or she re-ruptures the ACL. The patient must provide to the Guarantor a duly executed affidavit affirming: the date of his or her original surgery; the date of the re-injury; that a duly registered Defiance Functional Knee Brace was being worn at the time of the re-injury; that the Brace was being worn as directed; and the date of any required second surgery. The patient must sign the affidavit. The patient's treating physician must certify to the correctness of the information contained in the patient's affidavit.
• The patient must return the Brace to the Guarantor for inspection. The Guaranty shall not apply to any Brace which has been repaired or altered by anyone other than the Guarantor or by a person authorized by the Guarantor, nor to any Brace that has been subject to misuse, neglect or accident. The patient must pre-pay shipping and costs, including insurance, for the return of the Brace. The Guarantor shall not be liable for risk, loss, or damage during shipment of the returned Brace.

All other guarantees, warranties, conditions or representations, either expressed or implied, whether arising under statute, common law, commercial usage or otherwise, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. As some states do not permit the contractual limitation of the implied warranty of merchantability and/or fitness for a particular purpose, the above limitations may not apply. Nothing in this Agreement affects any statutory rights of patients that cannot be waived or limited by contract.

The rights and obligations of the parties hereto shall be construed and enforced in the State of California and in accordance with the laws of California. Venue for any and all disputes arising from or relating to this Guaranty shall be exclusively in either California Superior Court or in federal court in California.

Only residents of the United States are eligible. NCAA Athletes are not eligible for guaranty. Registration cards for patients under the age of 18 must include the signature of a parent or legal guardian.