terms and conditions

TERMS AND CONDITIONS

Welcome to www.Riderbuddy.com. By using this website (“Site”), you are agreeing to
comply with and be bound by the following terms and conditions of use, which together with our
Privacy Policy, govern the relationship between you and Rider Buddy, provider of the
Site. The terms “Provider” or “us” or “we” refer to the owner of the Site, Rider Buddy,
whose registered office is in Frisco, Texas, United States of America. The term “you” refers to
the user or viewer of our Site.

The use of the Site is subject to the following terms of use:

A. User’s Acknowledgment and Acceptance of Terms

1. The content of the pages of the Site is for your general information and use only. It is
subject to change without notice.

2. Your use of any information or materials on the Site is entirely at your own risk,
for which we shall not be liable. It shall be your own responsibility to ensure that
any products, services or information available through this Site meet your specific
requirements.

3. By accessing and using our Site, you agree to be bound by the terms found in our Privacy
Policy which can be accessed by the following link. .

4. BY ACCESSING AND USING OUR SITE, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF
USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION
WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER
INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS TO STOP USING
THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR
AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS
OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF
YOUR USE OF THIS SITE.

B. Intellectual Property Information

2. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property
of Provider and other parties. You are prohibited from using any Marks for any purpose
including, but not limited to use as metatags on other pages or Sites on the World Wide
Web without the written permission of Provider or such third party which may own the
Marks. All information and content located on the Site is protected by copyright. You are
prohibited from modifying, copying, distributing, transmitting, displaying, publishing,
selling, licensing, creating derivative works or using any content available on or through
the Site for commercial or public purposes. Unauthorized use of the Provider Site may

give rise to a claim for damages and/or be a criminal offense.

3. This Site provides links to other Sites by allowing you to leave this Site to access third-
party material or by bringing third-party material into this Site via “inverse” hyperlinks
and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or
control the content on a Linked Site. The fact that Provider has provided a link to a Site is
not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its
owners, or its providers. There are inherent risks in relying upon, using or retrieving any
information found on the Internet, and Provider urges you to make sure you understand
these risks before relying upon, using, or retrieving any such information on a Linked
Site.

4. All content, products and services on the Site, or obtained from a Site to which the Site
is linked are provided to you “AS IS” without warranty of any kind either express or
implied including, but not limited to, the implied warranties of merchantability and
fitness for a particular purpose, title, non-infringement, security or accuracy.

5. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an
opinion, advice or statement made through the Site by any party other than Provider,
(b) any content provided on Linked Sites or (c) the capabilities or reliability of any
product or service obtained from a Linked Site. Other than as required under applicable
consumer protection law, under no circumstance will Provider be liable for any loss or
damage caused by your reliance on information obtained through the Site or a Linked
Site, or your reliance on any product or service obtained from a Linked Site. It is your
responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice
or other content available through the Site, or obtained from a Linked Site. Please seek
the advice of professionals, as appropriate, regarding the evaluation of any specific
opinion, advice, product, service, or other content.

6. The information, software, products and descriptions of services published on the Site or
a Linked Site may include inaccuracies or typographical errors, and Provider specifically
disclaims any liability for such inaccuracies or errors. Provider does not warrant or
represent that the content on the Site is complete or up-to-date. Provider is under no
obligation to update the content on the Site. Provider may change the content on the Site
at any time without notice. Provider may make improvements or changes to the Site at
any time.

C. Access to Site

You agree that Provider, it’s affiliates and any of their respective officers, directors, employees,
or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect,
punitive, special, consequential, incidental or indirect damages (including without limitation lost
profits, cost of procuring substitute service or lost opportunity) arising out of or in connection
with the delay or inability to use the Site or a Linked Site, or with the delay or inability to use
the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This
limitation on liability includes, but is not limited to, the transmission of any viruses which may

infect your equipment, failure of mechanical or electronic equipment or communication lines,
telephone or interconnect problems (e.g., you cannot access your internet service provider),
unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE, (c) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE
FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE
FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF
ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all transactions relating
to any merchandise or services offered by any party, including, but not limited to the
purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms
relating to such transactions, are agreed to solely between the seller or purchaser of such
merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY
TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND
YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN
CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION
AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED
SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR

AFFILIATES.

Before purchasing products and services on or through this site, review our Sales Terms and
Conditions, which are incorporated by reference into these Terms of Use.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms
of Use and your use of this site shall be limited to the amount you paid us for the services on the
site during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS
AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN
CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless
from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or
misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.

Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter
into correspondence with or participate in promotions of the advertisers showing their products
on this site. Any such correspondence or promotions, including the delivery of and the payment
for goods and services, and any other terms, conditions, warranties or representations associated

with such correspondence or promotions, are solely between you and the advertiser. We assume
no liability, obligation or responsibility for any part of any such correspondence or promotion.

Use of Site

You acknowledge that we may establish general practices and limits concerning use of the
services available on our site, including without limitation the maximum disk space that will be
allotted or our servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the services in a given period of time. You agree that we
have no responsibility or liability for the deletion or failure to store any content maintained
or transmitted on or through this site. You acknowledge that we reserve the right to log off
accounts which have not paid a subscription fee that are inactive for an extended period of time.
You further acknowledge that we reserve the right to change these general practices and limits at
any time, in our sole discretion, with or without notice.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account
and for any and all statements made and acts or omissions that occur through the use of your
password and account, including any mail sent and any charges incurred. Therefore, you must
take steps to ensure that others do not gain access to your password and account. Our personnel
will never ask you for your password. You may not transfer or share your account with anyone,
and we reserve the right to immediately terminate your account in the event of any unauthorized
transfer or sharing thereof.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part
of the site with or without notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for
terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the
services available on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account. We shall not be liable to you or any third party
for any claims or damages arising out of any termination or suspension or any other actions taken
by us in connection therewith. Sections A, B, E, H, and K-P of these Terms of Use, as well as
your liability for any unpaid fees, shall survive any termination.

Governing Law

This site (excluding any Linked Sites) is controlled by us from our offices within the State of
Texas, United States of America. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ from those of
Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas,
without regard to the conflicts of laws principles thereof and the United Nations Convention

on the International Sales of Goods, will apply to all matters relating to the use of this site and
the purchase of products and services available through this site. Each of us agrees and hereby
submits to the exclusive personal jurisdiction and venue of the District Court of Dallas County
and the United States District Court for the Northern District of Texas with respect to such
matters.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this
site are appropriate or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who choose to access this
site from other locations do so on their own initiative and are responsible for compliance with
local laws. Any offer for any product, service, and/or information made in connection with this
site is void where prohibited.

Notices

All notices to a party shall be in writing and shall be made via e-mail. Notices to us must be sent
to the attention of Customer Service at info@riderbuddy.com. Notices to you may be sent
either to the e-mail address supplied for your account or to the address supplied by you as part
of your Registration Data. In addition, we may broadcast notices or messages through the Site
to inform you of changes to the Site or other matters of importance, and such broadcasts shall
constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party
receiving such communication (a) on the delivery date if delivered personally to the party; (b)
two business days after deposit with a commercial overnight carrier, with written verification of
receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested;
(d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if
transmitted by confirmed e-mail.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us
concerning the subject matter hereof and supersedes all prior agreements and understandings
of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or
amended by the use of any other document(s). Any attempt to alter, supplement or amend this
document or to enter an order for products or services which are subject to additional or altered
terms and conditions shall be null and void, unless otherwise agreed to in a written agreement
signed by you and us. To the extent that anything in or associated with this site is in conflict or
inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs
and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be
instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any
purported attempt to do so shall be null and void. We may assign our rights and obligations
under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any
portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for
nondelivery or delay in delivery of products and services available through our site arising from
any event beyond our reasonable control, whether or not foreseeable by either party, including
but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or events beyond our reasonable
control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights
shall not constitute a waiver of that right or provision.

Contact Information

Except as explicitly noted on this site, the services available through this site are offered by
Rider Buddy LLC, a Texas (limited liability company). The Complaint Assistance Unit of the
Division of Consumer Services of the Department of Consumer Affairs or if you notice that any
user is violating these Terms of Use, please contact us at INFO@riderbuddy.com.

RIDER BUDDY

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TERMS AND CONDITIONS