WAIVER LIABILITY

3.1 Except as otherwise provided herein or in any agreement entered into by the Client and RidABook and to the maximum extent permitted by the law, no present or former RidABook employee nor any such RidABook’s Affiliates, agents or representatives shall be liable to the Client, for any act or omission performed or omitted by such person in its/his/her capacity including any liability arising from or relating to any breach of any fiduciary duty to the Client; provided that, except as otherwise provided herein, such limitation of liability shall not apply to the extent the act or omission was attributable to such person’s willful misconduct or bad faith or constitutes a violation of the implied contractual covenant of good faith and fair dealing, in each case as determined by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction (which is not appealable or with respect to which the time for appeal there from has expired and no appeal has been perfected).

3.2 Client acknowledges that it/he/she has had the opportunity to inspect and/or investigate the terms and conditions as well as the privacy policy prior to using the RidABook app and existing conditions of the usage of the app and the opportunity to conduct such investigation.