Common use of Release from Liability Clause in Contracts

Release from Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE CASH BACK PROGRAM, EVEN IF WE AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT OR YOUR USE OF THE CASH BACK PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE LESSER OF YOUR LIFETIME CASH BACK EARNINGS OR $500. Notwithstanding anything to the contrary herein, Accountholders who opt into the Cash Back Program or any other rewards program, consent to the use by SoFi and its SoFi Bank Third- Party Partners (including EMPYR Incorporated), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners (including applicable payment card networks and merchants).

Release from Liability. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN ANY CLOSING DOCUMENT: (1) UPON EACH CLOSING, BUYER ASSUMES, FROM AND AFTER THE APPLICABLE CLOSING DATE, (A) THE RISK OF ADVERSE MATTERS, INCLUDING ADVERSE PHYSICAL CONDITIONS, DEFECTS, CONSTRUCTION DEFECTS, ENVIRONMENTAL, HEALTH, SAFETY AND WELFARE MATTERS THAT MAY NOT HAVE BEEN REVEALED BY BUYER’S INSPECTIONS, (B) THE RISK OF CHANGES IN THE ENVIRONMENTAL REQUIREMENTS OR OTHER APPLICABLE LAWS AND REGULATIONS ON OR AFTER THE APPLICABLE CLOSING DATE RELATING TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWPAST, WE PRESENT AND OUR AFFILIATESFUTURE ENVIRONMENTAL CONDITIONS, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS C) THE RISK THAT ADVERSE PHYSICAL CHARACTERISTICS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISECONDITIONS, INCLUDING WITHOUT LIMITATION WARRANTIES THE PRESENCE OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS HAZARDOUS SUBSTANCES OR OTHER DATA PROVIDED CONTAMINANTS, MAY NOT HAVE BEEN REVEALED BY OTHER USERS, ITS INVESTIGATION; AND (2) BUYER ACKNOWLEDGES AND AGREES THAT AS OF THE APPLICABLE CLOSING IT HAD THE OPPORTUNITY TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR INSPECT MATTERS RELATED TO THE CASH BACK PROGRAMAPPLICABLE PROPERTIES, EVEN IF WE OBSERVE THE PHYSICAL CHARACTERISTICS AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED EXISTING CONDITIONS OF SUCH PROPERTIES AND THE OPPORTUNITY TO CONDUCT SUCH INVESTIGATION AND STUDY ON AND OF SUCH PROPERTIES, ANY REAL PROPERTY AND ADJACENT AREAS AS BUYER DEEMED NECESSARY. EXCEPT (X) AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN ANY CLOSING DOCUMENT, (Y) FOR FRAUDULENT OR WILLFUL MISREPRESENTATION OR WILLFUL MISCONDUCT BY ANY SELLER OR ANY OF THE POSSIBILITY SELLER PARTIES OR (Z) FOR BREACH OF SUCH DAMAGES. THIS AGREEMENT OR ANY CLOSING DOCUMENT BY ANY SELLER PARTY, BUYER HEREBY WAIVES AND FOREVER RELEASES AND DISCHARGES SELLER PARTIES FROM ANY AND ALL RIGHTS, CLAIMS, OBJECTIONS, COMPLAINTS AND DEMANDS, AT LAW OR IN NO EVENT WILL WE EQUITY, WHETHER KNOWN OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSESUNKNOWN, AND CAUSES OF ACTION WHETHER ARISING BEFORE OR AFTER THE APPLICABLE CLOSING DATE, THAT BUYER HAS NOW OR MAY HAVE IN THE FUTURE, ARISING OUT OF THE PHYSICAL, ENVIRONMENTAL, ECONOMIC, LEGAL OR OTHER CONDITION OF THE APPLICABLE PROPERTIES, INCLUDING ANY OBLIGATIONS OF ANY SELLER UNDER THE LEASES RELATING TO THESE THE PHYSICAL, ENVIRONMENTAL, ECONOMIC OR LEGAL COMPLIANCE STATUS OF ANY PROPERTY, AND INCLUDING ALL CLAIMS IN TORT OR CONTRACT AND ANY CLAIM FOR INDEMNIFICATION OR CONTRIBUTION ARISING UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), OR ANY SIMILAR FEDERAL, STATE OR LOCAL STATUTE, RULE OR REGULATION, AND ALL TITLE OR OTHER DUE DILIGENCE MATTERS DESCRIBED ABOVE IN THIS SECTION OR ANY OTHER PROVISIONS OF THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR YOUR USE IN ANY CLOSING DOCUMENT, BUYER WAIVES THE BENEFITS OF ANY LAW THAT GENERALLY PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE CASH BACK PROGRAM (WHETHER IN CONTRACTTIME OF EXECUTING THE RELEASE THAT, TORT INCLUDING NEGLIGENCEIF KNOWN BY IT, WARRANTY, OR OTHERWISE) EXCEED MAY HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE LESSER OF YOUR LIFETIME CASH BACK EARNINGS OR $500. Notwithstanding anything to the contrary herein, Accountholders who opt into the Cash Back Program or any other rewards program, consent to the use by SoFi and its SoFi Bank Third- Party Partners (including EMPYR Incorporated), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners (including applicable payment card networks and merchants)DEBTOR.

Release from Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, AND SOFI BANK MONEY THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-NON- INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK MONEY THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR SOFI BANK MONEY THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE CASH BACK PROGRAM, EVEN IF WE AND OUR SOFI BANK MONEY THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR SOFI BANK MONEY THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT OR YOUR USE OF THE CASH BACK PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE LESSER OF YOUR LIFETIME CASH BACK EARNINGS OR $500. Notwithstanding anything to the contrary herein, Accountholders who opt into the Cash Back Program or any other rewards program, consent to the use by SoFi and its SoFi Bank Third- Money Third-Party Partners (including EMPYR Incorporated), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Money Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Money Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of the transaction data described above by and among us and our SoFi Bank Money Third-Party Partners (including applicable payment card networks and merchants).

Release from Liability. BUYER ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO INSPECT AND/OR INVESTIGATE THE PROPERTIES PRIOR TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATESCLOSING, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS DURING SUCH PERIOD, OBSERVE THE PHYSICAL CHARACTERISTICS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES EXISTING CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSETHE PROPERTIES AND THE OPPORTUNITY TO CONDUCT SUCH INVESTIGATION AND STUDY ON AND OF THE PROPERTIES AND ADJACENT AREAS AS BUYER DEEMS NECESSARY, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION EXCEPT AS EXPRESSLY PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE CASH BACK PROGRAM, EVEN IF WE AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT OR YOUR USE SEPARATELY ADDRESSED IN THE PROPERTY LEASES, BUYER HEREBY FOREVER RELEASES AND DISCHARGES SELLER FROM ALL RESPONSIBILITY AND LIABILITY (INCLUDING ALL REGULATORY, CIVIL AND COMMON LAW LIABILITIES AND THIRD PARTY CLAIMS) ARISING AFTER SUCH CLOSING, WHETHER KNOWN OR UNKNOWN, RELATING TO THE PHYSICAL, ENVIRONMENTAL CONDITION OF THE CASH BACK PROGRAM (WHETHER IN CONTRACTPROPERTIES OR LEGAL COMPLIANCE STATUS OF THE PROPERTIES AND LIABILITIES UNDER ENVIRONMENTAL PROTECTION, TORT POLLUTION, HUMAN HEALTH AND SAFETY OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS INCLUDING NEGLIGENCECERCLA, WARRANTYREGARDING THE CONDITION, VALUATION, SALABILITY OR UTILITY OF THE PROPERTIES, OR OTHERWISEITS SUITABILITY FOR ANY PURPOSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO THE PRESENCE IN THE SOIL, AIR, STRUCTURES AND SURFACE AND SUBSURFACE WATERS OF HAZARDOUS MATERIALS). AS BETWEEN SELLER AND BUYER, AND EXCEPT IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS AGREEMENT OR AS SEPARATELY ADDRESSED IN THE PROPERTY LEASES, BUYER FURTHER HEREBY ASSUMES THE RISK OF CHANGES IN APPLICABLE LAWS AND REGULATIONS RELATING TO PAST, PRESENT AND FUTURE ENVIRONMENTAL CONDITIONS ON THE PROPERTIES AND THE RISK THAT ADVERSE PHYSICAL CHARACTERISTICS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OF HAZARDOUS MATERIALS OR OTHER CONTAMINANTS, MAY NOT HAVE BEEN REVEALED BY ITS INVESTIGATION. BUYER FURTHER HEREBY WAIVES WITH RESPECT TO SELLER AND ITS AFFILIATES (AND BY CLOSING THE TRANSACTIONS CONTEMPLATED HEREUNDER WILL BE DEEMED TO HAVE WANED) EXCEED THE LESSER ANY AND ALL OBJECTIONS AND COMPLAINTS (INCLUDING, BUT NOT LIMITED TO, FEDERAL, STATE AND LOCAL STATUTORY AND COMMON LAW BASED ACTIONS, AND ANY PRIVATE RIGHT OF YOUR LIFETIME CASH BACK EARNINGS ACTION UNDER ANY FEDERAL, STATE OR $500. Notwithstanding anything to the contrary hereinLOCAL LAWS, Accountholders who opt into the Cash Back Program or any other rewards programREGULATIONS OR GUIDELINES TO WHICH ANY PROPERTY OR PROPERTIES ARE OR MAY BE SUBJECT, consent to the use by SoFi and its SoFi Bank Third- Party Partners (including EMPYR IncorporatedINCLUDING, BUT NOT LIMITED TO, CERCLA), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchantWHETHER KNOWN OR UNKNOWN, CONCERNING THE PHYSICAL CHARACTERISTICS AND ANY EXISTING CONDITIONS OF ANY PROPERTY OR PROPERTIES. You authorize the sharingBUYER FURTHER ACKNOWLEDGES AND AGREES THAT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS SEPARATELY ADDRESSED IN THE PROPERTY LEASES, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners BUYER HEREBY FOREVER RELEASES AND DISCHARGES SELLER AND ITS AFFILIATES FROM ALL RESPONSIBILITY AND LIABILITY (including applicable payment card networks and merchants)INCLUDING ALL REGULATORY, CIVIL AND COMMON LAW LIABILITIES AND THIRD PARTY CLAIMS) ARISING BEFORE OR AFTER THE APPLICABLE CLOSING, WHETHER KNOWN OR UNKNOWN, RELATING TO ANY PROPERTY OR PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE LEGAL COMPLIANCE STATUS OF SELLER OR ANY CONTINUING OR SUCCESSOR LIABILITY OF SELLER.

Release from Liability. BUYER ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO INSPECT AND/OR INVESTIGATE THE FULLEST EXTENT PERMISSIBLE PURSUANT PROPERTIES PRIOR TO APPLICABLE LAW, WE AND OUR AFFILIATESCLOSING, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS DURING SUCH PERIOD, OBSERVE THE PHYSICAL CHARACTERISTICS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES EXISTING CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSETHE PROPERTIES AND THE OPPORTUNITY TO CONDUCT SUCH INVESTIGATION AND STUDY ON AND OF THE PROPERTIES AND ADJACENT AREAS AS BUYER DEEMS NECESSARY, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION EXCEPT AS EXPRESSLY PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE CASH BACK PROGRAM, EVEN IF WE AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT OR YOUR USE SEPARATELY ADDRESSED IN THE PROPERTY LEASES, BUYER HEREBY FOREVER RELEASES AND DISCHARGES SELLER FROM ALL RESPONSIBILITY AND LIABILITY (INCLUDING ALL REGULATORY, CIVIL AND COMMON LAW LIABILITIES AND THIRD PARTY CLAIMS) ARISING AFTER THE CLOSING, WHETHER KNOWN OR UNKNOWN, RELATING TO THE PHYSICAL, ENVIRONMENTAL CONDITION OF THE CASH BACK PROGRAM (WHETHER IN CONTRACTPROPERTIES OR LEGAL COMPLIANCE STATUS OF THE PROPERTIES AND LIABILITIES UNDER ENVIRONMENTAL PROTECTION, TORT POLLUTION, HUMAN HEALTH AND SAFETY OR LAND USE LAWS. RULES, REGULATIONS, ORDERS OR REQUIREMENTS INCLUDING NEGLIGENCECERCLA, WARRANTYREGARDING THE CONDITION, VALUATION, SALABILITY OR UTILITY OF THE PROPERTIES, OR OTHERWISEITS SUITABILITY FOR ANY PURPOSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO THE PRESENCE IN THE SOIL, AIR, STRUCTURES AND SURFACE AND SUBSURFACE WATERS OF HAZARDOUS MATERIALS). AS BETWEEN SELLER AND BUYER, AND EXCEPT IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS AGREEMENT OR AS SEPARATELY ADDRESSED IN THE PROPERTY LEASES, BUYER FURTHER HEREBY ASSUMES THE RISK OF CHANGES IN APPLICABLE LAWS AND REGULATIONS RELATING TO PAST, PRESENT AND FUTURE ENVIRONMENTAL CONDITIONS ON THE PROPERTIES AND THE RISK THAT ADVERSE PHYSICAL CHARACTERISTICS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OF FIAZARDOUS MATERIALS OR OTHER CONTAMINANTS, MAY NOT HAVE BEEN REVEALED BY ITS INVESTIGATION. BUYER FURTHER HEREBY WAIVES WITH RESPECT TO SELLER AND ITS AFFILIATES (AND BY CLOSING THE TRANSACTIONS CONTEMPLATED HEREUNDER WILL BE DEEMED TO HAVE WAIVED) EXCEED THE LESSER ANY AND ALL OBJECTIONS AND COMPLAINTS (INCLUDING, BUT NOT LIMITED TO, FEDERAL, STATE AND LOCAL STATUTORY AND COMMON LAW BASED ACTIONS, AND ANY PRIVATE RIGHT OF YOUR LIFETIME CASH BACK EARNINGS ACTION UNDER ANY FEDERAL, STATE OR $500. Notwithstanding anything to the contrary hereinLOCAL LAWS, Accountholders who opt into the Cash Back Program or any other rewards programREGULATIONS OR GUIDELINES TO WHICH ANY PROPERTY OR PROPERTIES ARE OR MAY BE SUBJECT, consent to the use by SoFi and its SoFi Bank Third- Party Partners (including EMPYR IncorporatedINCLUDING, BUT NOT LIMITED TO, CERCLA), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchantWHETHER KNOWN OR UNKNOWN, CONCERNING THE PHYSICAL CHARACTERISTICS AND ANY EXISTING CONDITIONS OF ANY PROPERTY OR PROPERTIES. You authorize the sharingBUYER FURTHER ACKNOWLEDGES AND AGREES THAT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS SEPARATELY ADDRESSED IN THE PROPERTY LEASES, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners BUYER HEREBY FOREVER RELEASES AND DISCHARGES SELLER AND ITS AFFILIATES FROM ALL RESPONSIBILITY AND LIABILITY (including applicable payment card networks and merchants)INCLUDING ALL REGULATORY, CIVIL AND COMMON LAW LIABILITIES AND THIRD PARTY CLAIMS) ARISING BEFORE OR AFTER THE CLOSING, WHETHER KNOWN OR UNKNOWN, RELATING TO ANY PROPERTY OR PROPERTIES, INCLUDING, WITHOUT LIMITATION. THE LEGAL COMPLIANCE STATUS OF SELLER OR ANY CONTINUING OR SUCCESSOR LIABILITY OF SELLER.

Release from Liability. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN ANY CLOSING DOCUMENT: (1) UPON CLOSING, BUYER ASSUMES, FROM AND AFTER THE CLOSING DATE, (A) THE RISK OF ADVERSE MATTERS, INCLUDING ADVERSE PHYSICAL CONDITIONS, DEFECTS, CONSTRUCTION DEFECTS, ENVIRONMENTAL, HEALTH, SAFETY AND WELFARE MATTERS THAT MAY NOT HAVE BEEN REVEALED BY BUYER’S INSPECTIONS, (B) THE RISK OF CHANGES IN THE ENVIRONMENTAL REQUIREMENTS OR OTHER APPLICABLE LAWS AND REGULATIONS ON OR AFTER THE CLOSING DATE RELATING TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWPAST, WE PRESENT AND OUR AFFILIATESFUTURE ENVIRONMENTAL CONDITIONS, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS C) THE RISK THAT ADVERSE PHYSICAL CHARACTERISTICS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISECONDITIONS, INCLUDING WITHOUT LIMITATION WARRANTIES THE PRESENCE OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS HAZARDOUS SUBSTANCES OR OTHER DATA PROVIDED CONTAMINANTS, MAY NOT HAVE BEEN REVEALED BY OTHER USERS, ITS INVESTIGATION; AND (2) BUYER ACKNOWLEDGES AND AGREES THAT IT HAD THE OPPORTUNITY TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR INSPECT MATTERS RELATED TO THE CASH BACK PROGRAMPROPERTIES, EVEN IF WE OBSERVE THE PHYSICAL CHARACTERISTICS AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED EXISTING CONDITIONS OF THE POSSIBILITY PROPERTIES AND THE OPPORTUNITY TO CONDUCT SUCH INVESTIGATION AND STUDY ON AND OF SUCH DAMAGESTHE PROPERTIES, ANY REAL PROPERTY AND ADJACENT AREAS AS BUYER DEEMED NECESSARY. EXCEPT (X) AS EXPRESSLY PROVIDED OTHERWISE IN NO EVENT WILL WE THIS AGREEMENT OR OUR AFFILIATES'IN ANY CLOSING DOCUMENT, CONTRACTORS'(Y) FOR FRAUDULENT OR WILLFUL MISREPRESENTATION OR WILLFUL MISCONDUCT BY SELLER OR ANY OF THE SELLER PARTIES OR (Z) FOR BREACH OF THIS AGREEMENT OR ANY CLOSING DOCUMENT BY ANY SELLER PARTY, EMPLOYEES'BUYER HEREBY WAIVES AND FOREVER RELEASES AND DISCHARGES SELLER PARTIES FROM ANY AND ALL RIGHTS, AGENTS'CLAIMS, OBJECTIONS, COMPLAINTS AND DEMANDS, AT LAW OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGESIN EQUITY, LOSSESWHETHER KNOWN OR UNKNOWN, AND CAUSES OF ACTION WHETHER ARISING BEFORE OR AFTER THE CLOSING DATE, THAT BUYER HAS NOW OR MAY HAVE IN THE FUTURE, ARISING OUT OF THE PHYSICAL, ENVIRONMENTAL, ECONOMIC, LEGAL OR OTHER CONDITION OF THE PROPERTIES, INCLUDING ANY OBLIGATIONS OF SELLER UNDER THE LEASES RELATING TO THESE THE PHYSICAL, ENVIRONMENTAL, ECONOMIC OR LEGAL COMPLIANCE STATUS OF ANY PROPERTY, AND INCLUDING ALL CLAIMS IN TORT OR CONTRACT AND ANY CLAIM FOR INDEMNIFICATION OR CONTRIBUTION ARISING UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), OR ANY SIMILAR FEDERAL, STATE OR LOCAL STATUTE, RULE OR REGULATION, AND ALL TITLE OR OTHER DUE DILIGENCE MATTERS DESCRIBED ABOVE IN THIS SECTION OR ANY OTHER PROVISIONS OF THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR YOUR USE IN ANY CLOSING DOCUMENT, BUYER WAIVES THE BENEFITS OF ANY LAW THAT GENERALLY PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE CASH BACK PROGRAM (WHETHER IN CONTRACTTIME OF EXECUTING THE RELEASE THAT, TORT INCLUDING NEGLIGENCEIF KNOWN BY HIM, WARRANTY, OR OTHERWISE) EXCEED MAY HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE LESSER OF YOUR LIFETIME CASH BACK EARNINGS OR $500. Notwithstanding anything to the contrary herein, Accountholders who opt into the Cash Back Program or any other rewards program, consent to the use by SoFi and its SoFi Bank Third- Party Partners (including EMPYR Incorporated), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners (including applicable payment card networks and merchants)DEBTOR.

Release from Liability. I UNDERSTAND THAT THERE ARE SIGNIFICANT RISKS WHICH ARE INHERENT IN INTERNATIONAL TRAVEL AND WHICH MAY CAUSE SERIOUS BODILY INJURY, DEATH AND /OR PROPERTY DAMAGE, INCLUDING BUT NOT LIMITED TO RISKS ASSOCIATED WITH AIR TRAVEL, HAZARDOUS ROAD CONDITIONS AND GROUND TRAVEL, STREET CRIME AND VIOLENT CRIME, DISEASE, TERRORISM AND CIVIL UNREST. I UNDERSTAND THAT I AM SOLELY RESPONSIBLE FOR MY SAFETY AND ASSUME RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH MY TRAVEL. I RELEASE, HOLD HARMLESS AND PROMISE NOT TO XXX THE FULLEST EXTENT PERMISSIBLE PURSUANT UNIVERSITY, ITS TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS FOR ANY AND ALL LIABILITY, CLAIMS, COSTS AND ACTIONS THAT MAY ARISE FROM INJURY OR HARM TO APPLICABLE LAW, WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS ME (INCLUDING PAYMENT CARD NETWORKS DEATH) OR FROM DAMAGE OR LOSS TO PROPERTY IN CONNECTION WITH MY TRAVEL. I UNDERSTAND THAT THIS WAIVER AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM RELEASE COVERS LIABILITY, CLAIMS, COSTS OR ACTIONS CAUSED ENTIRELY OR IN PART BY ANY WARRANTIESACTS OR FAILURE TO ACT OF THE UNIVERSITY (OR ITS TRUSTEES, EXPRESSEMPLOYEES OR AGENTS), IMPLIEDINCLUDING BUT NOT LIMITED TO NEGLIGENCE, STATUTORYMISTAKE OR FAILURE TO SUPERVISE BY THE UNIVERSITY. I RECOGNIZE THAT THIS WAIVER AND RELEASE MEANS I AM GIVING UP, AMONG OTHER THINGS, RIGHTS TO XXX THE UNIVERSITY FOR INJURIES, DAMAGES, OR OTHERWISELOSSES I MAY INCUR. I ALSO UNDERSTAND THAT THIS WAIVER AND RELEASE BINDS MY HEIRS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITYEXECUTORS, FITNESS FOR ANY PARTICULAR PURPOSEADMINISTRATORS AND ASSIGNS, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE CASH BACK PROGRAM, EVEN IF WE AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT OR YOUR USE OF THE CASH BACK PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE LESSER OF YOUR LIFETIME CASH BACK EARNINGS OR $500. Notwithstanding anything to the contrary herein, Accountholders who opt into the Cash Back Program or any other rewards program, consent to the use by SoFi and its SoFi Bank Third- Party Partners (including EMPYR Incorporated), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners (including applicable payment card networks and merchants)AS WELL AS MYSELF.

Release from Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWI UNDERSTAND THAT THERE ARE SIGNIFICANT RISKS WHICH ARE INHERENT IN INTERNATIONAL TRAVEL AND WHICH MAY CAUSE SERIOUS BODILY INJURY, WE DEATH AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE/OR PROPERTY DAMAGE, INCLUDING WITHOUT LIMITATION WARRANTIES BUT NOT LIMITED TO RISKS ASSOCIATED WITH AIR TRAVEL, HAZARDOUS ROAD CONDITIONS AND GROUND TRAVEL, STREET CRIME AND VIOLENT CRIME, DISEASE, TERRORISM AND CIVIL UNREST. I UNDERSTAND THAT I AM SOLEY RESPONSIBLE FOR MY SAFETY AND ASSUME RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH PARTICIPATION IN THE STUDY ABROAD PROGRAM. I AGREE THAT THE UNIVERSITY OF MERCHANTABILITYPITTSBURGH, FITNESS FOR ANY PARTICULAR PURPOSEITS OFFICERS, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORSTRUSTEES, EMPLOYEES, AGENTS, OR SOFI BANK THIRD-PARTY PARTNERS AND REPRESENTATIVES (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS“RELEASEES”) SHALL NOT BE LIABLE FOR ANY SPECIALCLAIMS, INDIRECTDEMANDS, INCIDENTALLIABILITIES, CONSEQUENTIALCOSTS, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE CASH BACK PROGRAM, EVEN IF WE AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ACTION, DAMAGES OR JUDGMENTS BASED UPON OR ARISING OUT OF ANY ILLNESS OR RELATING TO THESE THIS AGREEMENT INJURY (INCLUDING DEATH) OR YOUR USE PROPERTY LOSS OR DAMAGE, CAUSED BY THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE CASH BACK PROGRAM RELEASEES, INCLUDING ARISING OUT OF THE PROVISION OR OMISSION OF EMERGENCY MEDICAL CARE MENTIONED IN PARAGRAPH F, WHICH I (WHETHER MY SON, DAUGHTER) MAY SUFFER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, CONNECTION WITH ENROLLMENT OR OTHERWISE) EXCEED THE LESSER OF YOUR LIFETIME CASH BACK EARNINGS OR $500. Notwithstanding anything to the contrary herein, Accountholders who opt into the Cash Back Program or any other rewards program, consent to the use by SoFi and its SoFi Bank Third- Party Partners (including EMPYR Incorporated), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners (including applicable payment card networks and merchants)PARTICIPATION IN THIS STUDY ABROAD PROGRAM.

Release from Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE CASH BACK PROGRAM, EVEN IF WE AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT OR YOUR USE OF THE CASH BACK PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE LESSER OF YOUR LIFETIME CASH BACK EARNINGS OR $500. A. Transaction Data. Notwithstanding anything to the contrary herein, Accountholders who opt into the Cash Back Program or any other rewards program, consent to the use by SoFi and its SoFi Bank Third- Third-Party Partners (including EMPYR Incorporated), of transaction information solely as follows: • ● To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • ● To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • ● To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • ● To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • ● To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • ● To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners (including applicable payment card networks and merchants).

Release from Liability. I HEREBY AGREE, ON BEHALF OF MYSELF, MY SPOUSE (IF ANY), MINOR CHILDREN, LEGAL WARDS, PARENTS, HEIRS, AND MY PERSONAL REPRESENTATIVES, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWFULLY AND FOREVER DISCHARGE AND RELEASE SPORTERA, WE OWNER, CONTRACTOR AND OUR THEIR AFFILIATES, OWNER OF PREMESIS ON WHICH THE EVENT IS TAKING PLACE,AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIESEACH OF THEIR RESPECTIVE PARENT COMPANIES, EXPRESSPARTNERS, IMPLIEDAGENTS, STATUTORYOPERATORS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, AND SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE CASH BACK PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORSMANAGERS, EMPLOYEES, AGENTSAND REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS I MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO MY ENTRY UPON AND USE OF THE PREMISES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, OR SOFI BANK THIRD-PARTY PARTNERS (INCLUDING PAYMENT CARD NETWORKS ANY OF THE AFFILIATES OF THE RELEASED PARTIES OR PAYMENT PROCESSORS) BE LIABLE BY ANY OTHER REASON. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE FROM LIABILITY IS INTENDED TO BE, AND IS, A COMPLETE RELEASE OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ANY SPECIALAND ALL PERSONAL INJURIES, INDIRECTTEMPORARY OR PERMANENT DISABILITY, INCIDENTALDEATH, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES ARISING PROPERTY DAMAGE SUSTAINED BY ME WHILE ON OR USING THE PREMISES AND/OR CAUSED BY OR RELATED TO THE CASH BACK PROGRAMEVENT. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OR RELEASE FOR GROSS NEGLIGENCE, EVEN IF WE AND OUR SOFI BANK THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS'INTENTIONAL CONDUCT, OR SOFI BANK THIRD-PARTY PARTNERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT OR YOUR USE OF THE CASH BACK PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE LESSER OF YOUR LIFETIME CASH BACK EARNINGS OR $500. Notwithstanding anything to the contrary herein, Accountholders who opt into the Cash Back Program or any other rewards program, consent to the use by SoFi and its SoFi Bank Third- Party Partners (including EMPYR Incorporated), of transaction information solely as follows: • To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offer; • To share transaction data with the participating merchant as needed for the merchant to confirm a specific transaction or eligibility for cashback as applicable; • To provide participating merchants or SoFi Bank Third-Party Partners aggregated and anonymized information relating specifically to rewards or Cash Back Program activity solely to allow participating merchants and SoFi Bank Third-Party Partners to assess the results of their campaign; • To create and maintain a record of relevant transaction data and to analyze such data in connection with operating a rewards or Cash Back Program; • To conduct analysis for the improvement and optimization of the Cash Back Program or any rewards program; and • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of the transaction data described above by and among us and our SoFi Bank Third-Party Partners (including applicable payment card networks and merchants)RECKLESS CONDUCT.