1. SERVICE DESCRIPTION

Nomad Internet ("Nomad," "We," "Our") provides wireless internet access service (the "Service") to individual customers ("You," "Customer," "Subscriber") in select regions within the continental United States. The Service is provided through third-party networks (each a "Network Provider"), including but not limited to Verizon and T-Mobile, and may be subject to changes in coverage, performance, and network management by the Network Provider.

As detailed further in these Terms of Service, the Service is for PERSONAL AND PRIVATE USE ONLY. Sharing or extending the Service to non-subscribers, including but not limited to guests, residents of RV parks or other public areas, or to businesses (collectively, "Unauthorized Extended Users"), is strictly prohibited without written consent from Nomad. Failure to comply with these usage restrictions will result in penalties including, but not limited to, immediate service termination.

You are being provided internet access via the Service. You are not being provided with any applications (such as Internet telephone or cable TV) that might be provided with internet service providers by other vendors. We are not involved in the creation or the provisioning of the Service. The Network Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations and you will only be able to access the Service within the operating range of the Network Provider's network, which may change from time to time in the sole discretion of the Network Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of our control, or any of our partners' control. The Service and the related equipment needed to use the Service ("Equipment") may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware to use the Service thereafter. We and our partners assume no liability with regard to any failure or lack of performance of the Service.

Use of the Service is subject to (1) Nomad's Terms of Service contained herein, (2) Network Provider's then-current (i) acceptable use policy (the "Network Provider AUP") and incorporated herein by reference; and (ii) end user terms and conditions (the "Network Provider's T&C").

Current versions of the Nomad Terms of Service can be found here at https://nomadinternet.com/policies/terms-of-service. Current versions of the Network Provider AUP and T&C can be found at https://nomadinternet.com/policies/terms-of-service. Nomad and Network Provider reserve the right to change the terms of these agreements at any time. Customers will receive notice of material changes via email to their registered address and/or account notifications at least 30 days prior to such changes taking effect. Continued use of the Service after the effective date constitutes acceptance of the revised terms.

THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE NETWORK PROVIDER, WHICH ARE NOT CONTROLLED BY US OR ANY PARTNER AND ARE SUBJECT TO CHANGE. WE MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE NETWORK PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE YOU ADVANCE NOTICE THEREOF.

No Commercial Use: The Service and associated Equipment provided by Nomad are intended solely for personal or office use by the individual Subscriber. The Equipment and Service are not to be used for providing internet access to Unauthorized Extended Users, including but not limited to, communal use in RV parks, campgrounds, or similar locations, without written approval from Nomad. Any such use beyond individual or office use will be considered a violation of this agreement and may result in termination of service and additional charges.

2. MODEM OWNERSHIP AND RENTAL TERMS

3. MODEM RENTAL FEE / ADDITIONAL FEES

4. CANCELLATION POLICY

You may cancel your subscription at any time. To ensure a secure, verifiable, and expedited process, we strongly recommend that all cancellations be formally submitted by the Customer through one of the following preferred methods:

1. Customer Portal: By logging into your account via the NomadOS customer portal and following the cancellation prompts.
2. Cancellation Website: By visiting nomadcancel.com and completing the formal cancellation request form.

You may also cancel your subscription by contacting our customer support team via phone, live chat, or by emailing support@nomadinternet.com. Please note that cancellations processed through support channels may require additional identity verification steps to protect your account.

5. EXPRESS DISCLAIMER OF WARRANTIES

THE SERVICE AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOMAD INTERNET, ITS AFFILIATES, AND ITS NETWORK PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NOMAD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NOMAD DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND EQUIPMENT IS AT YOUR SOLE RISK.

THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY TO ANY EXPRESS WRITTEN WARRANTIES THAT MAY COME PACKAGED WITH THE EQUIPMENT ITSELF FROM THE ORIGINAL MANUFACTURER.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOMAD INTERNET, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, NETWORK PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NOMAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NOMAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING IN CASES OF ORDINARY NEGLIGENCE, BUT SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

• YOUR USE OR INABILITY TO USE THE SERVICE OR EQUIPMENT;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; OR
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

IN NO EVENT SHALL NOMAD'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO NOMAD FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NOMAD'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Nomad Internet, its affiliates, parent companies, subsidiaries, and their respective officers, directors, employees, agents, Network Providers, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) that such Indemnified Parties may incur as a result of or arising from:

• Your use of the Service or Equipment;
• Your violation of any provision of these Terms of Service, including but not limited to the Acceptable Use Policy or the prohibition on commercial use/Unauthorized Extended Users;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of any third party, including intellectual property rights or privacy rights; or
• Any claim that your use of the Service caused damage to a third party.

Nomad reserves the right, at its 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 Nomad in asserting any available defenses.

8. REPLACEMENT MODEM

Nomad offers an optional Prime upgrade that covers the cost of a one-time modem replacement. This upgrade must be purchased at the time of your initial order to qualify. If approved for replacement due to equipment failure, Nomad will also cover return shipping for the defective modem.

When a replacement is issued, the current modem subscription will pause for 14 days (the Grace Period). The defective modem must be returned within this timeframe using the prepaid shipping label. If it is not returned on time, the original subscription will resume, and you will be charged for both the old and new modems' subscriptions until resolved.

If the original modem is not returned within 30 days, Nomad will consider it stolen, and the full retail value of the modem will be invoiced to your account.

By accepting a replacement modem, you agree to these terms and commit to returning the original device on time.

9. MONTHLY INVOICES

As a Nomad Member, you are required to pay your first month's service upon activation. This payment will be processed at checkout along with any applicable activation fees and any optional add-on services you select. Your monthly subscription fee will be automatically charged to the credit card provided at checkout. Payments are collected on a recurring 30-day basis, billed in advance, using the card on file. You may update your payment method by contacting Nomad via live chat or emailing us at support@nomadinternet.com. You may also log into the Nomad Customer Portal.

9.1 AUTO PAY

To maintain your service, a valid debit or credit card must always be on file for autopay, which is required for all Nomad Internet accounts. By becoming a Nomad Internet customer, you authorize the Company to charge your debit or credit card automatically upon your subscription renewal.

9.2 PAUSING YOUR SUBSCRIPTION

Nomad Internet offers an optional upgrade at activation that allows customers to pause their subscription when their internet service is not in use. This option, called the Travel Add-On, costs $19.95 per month and must be selected at the time of modem activation.

How Pausing Works:

With the Travel Add-On, you have the ability to pause your internet service at any time. During the pause, you will still be billed for the modem rental fee and the Travel Add-On fee, but not for the internet service itself. You can pause your subscription for up to 3 months (90 days) at a time, with a maximum of 6 months (180 days) within any 12-month period.

When you're ready to pause or resume service, you can do so through the Nomad Internet app or by submitting a request by visiting the Nomad Internet website at www.nomadinternet.com and initiating a live chat or by email at support@nomadinternet.com.

10. NONPAYMENT

If your subscription payment is not collected on its due date, your service will be disconnected until Nomad Internet is able to successfully collect payment. If you wish to start your service again, a reactivation request will be completed as soon as the outstanding balance is paid in full. Payments can be made through Nomad Internet's customer portal here. An invitation to Nomad Internet's customer portal is sent upon the creation of Customer's subscription to the email address on file. A debit or credit card is required to be on file and will automatically collect payment on your invoice due date. If Nomad Internet is unable to collect payment on your invoice due date, Nomad Internet will attempt to collect payment on a daily basis.

10.1 BANK FEES

Under no circumstances will Nomad Internet be held liable for fees incurred by the Customer's financial institution. Customers are responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by Nomad Internet. Nomad Internet will attempt to collect the full subscription amount owed on a daily basis until it is successfully collected.

10.2 REACTIVATION FEE

If a subscription is disconnected due to nonpayment, a $50 non-refundable reactivation fee will be required to restore service. This fee, along with the full outstanding balance, must be paid before service can be reactivated. Reactivation requests will be processed as soon as the payment is successfully collected.

11. DEBT COLLECTION

Nomad reserves the right to transfer outstanding balances, including unpaid services or unreturned/damaged modems, to a third-party debt collection agency. Personal data will be shared with the agency solely for debt recovery purposes. If the modem is not returned in satisfactory condition, the Customer will be charged the full retail value for replacement. Additional fees may be assessed once the debt is transferred to collections, and failure to resolve the balance may negatively impact the Customer's credit score through reporting to credit bureaus.

12. CREDIT CARD CHARGEBACKS & DISPUTES

If we charge your registered payment method for a valid subscription or modem-related cost under these Terms, and your bank or payment provider initiates a Chargeback due to a dispute, Nomad reserves the right to suspend your service until the chargeback is reversed or resolved.

We will provide all relevant Customer data—including order details, tracking information, communication history, payment fingerprints, and usage data—as evidence to support our case with the bank. Please see more information on this in section 12.2 below.

If you owe subscription payments or modem replacement costs for unreturned or damaged equipment, your account will be referred to a third-party collections agency, which may negatively impact your credit score. In addition, Customers with unresolved chargebacks may be permanently restricted from making future purchases with Nomad until the dispute is fully resolved and all outstanding balances are cleared.

12.1 DISPUTE RESOLUTION AND ACCOUNT SUSPENSION

Any billing disputes initiated through a financial institution (chargebacks) may result in the immediate suspension or cancellation of your subscription plan and the account for which the disputed funds were withdrawn, pending the resolution of the dispute.

If you choose to return as a Customer in the future, all outstanding valid balances for services rendered or unreturned equipment must be paid in full before your service can be reactivated. Nomad reserves the right to deny future service until all disputes are resolved and balances are cleared.

12.2 DISPUTE PROCESS

If you dispute any charges through your financial institution or credit card provider, Nomad reserves the right to provide all necessary information to resolve the dispute. This may include, but is not limited to:

• Customer emails, agreements, and order details
• Communication history, including support tickets, live chat logs, and phone recordings (if available)
• Device tracking and usage information

By using our services, you authorize Nomad to disclose this data to your financial institution to assist in their investigation. This ensures transparency and helps expedite the resolution of the dispute.

13. RATE CHANGES

Nomad may update or amend these Modem Ownership and Rental Terms as necessary. Customers will be notified of significant changes through their registered email address or account notifications.

If you do not wish to continue under the new rates, you may terminate your membership by contacting support@nomadinternet.com. If no action is taken, your account will continue under the updated terms and the new rate will apply. Continued use of the Equipment and Services after such changes constitutes acceptance of the revised terms. This Agreement supersedes any previous agreements or understandings between you and Nomad, whether written or oral, regarding your membership.

14. REFERRALS

Nomad offers a Referral Program allowing users to refer friends, family, or others to purchase or subscribe to Nomad services. For each verified referral, users may be eligible to receive a Referral Credit, redeemable for Nomad services.

• Referral Credits have no cash value and cannot be redeemed for cash.
• All credits are subject to verification and approval by Nomad.
• Nomad retains sole discretion in determining eligibility and the amount of any Referral Credit.
• The Referral Program may be modified, updated, or discontinued at any time.

15. REDRESS OPTION

If you have a complaint or concern about the Service, please reach out to us at partner@nomadinternet.com so we can work toward a resolution. Nomad is committed to addressing disputes promptly and transparently. This process governs dispute resolution and ensures that all efforts are made to resolve issues amicably.

If further resolution is required, both parties agree that any disputes will be handled in accordance with the procedures outlined in these Terms of Service.

16. CONGESTION MANAGEMENT

We do not own, operate, maintain, or control the Service, and do not engage in network congestion management practices. The Network Provider uses network congestion management practices that may interfere with the speed or the availability of your Service. You should review the Network Provider's disclosures for the network congestion management practices that may affect your use of the Service, including descriptions of congestion management practices; types of traffic subject to practices; purposes served by practices; practices' effects on end-users' experience; criteria used in practices, such as indicators of congestion that trigger a practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.

17. SPEED OF SERVICE

Speed rates, which describes the rate at which data is transmitted on the network, depend upon the cellular service coverage and equipment capabilities. The maximum speed for the service is stated under optimal conditions and may vary significantly. Plans may also have speed limits imposed by the Network Provider. Nomad does not offer, disclose, or guarantee minimum speeds. All subscription plans are provided on an AS IS basis and throughput speeds are not guaranteed.

Availability of service may vary and the speed of data may be reduced by things such as: data usage; proximity to and availability of service from your local tower; the number of users using the network; and overall traffic or congestion in the area. Speeds and service could be disrupted or become unavailable from time to time due to maintenance, modifications, or repairs of the Network Provider's infrastructure; emergencies; inclement weather or environmental changes; power outages; and other factors outside of our control or any of our Partner's control.

18. DATA LIMITATIONS

Service with Nomad includes up to unlimited data on Verizon-certified Modems with any Nomad Residential, Nomad Travel, Nomad Power or Nomad Business Plan while within the C-band coverage area. As of September 1, 2023, Nomad includes up to unlimited data on Verizon-certified Modems with any currently provided Nomad Plan.

Service on Nomad Bring Your Own Device plans includes 300GB of 4G data for normal internet usage on Verizon certified devices.

Data limitations may vary based at the discretion of the providing network, and service may be subject to usage limits established by the Provider.

Prohibited applications include, but are not limited to, continuously streaming video, public/Guest Wi-Fi, and web hosting systems.

Nomad is not responsible for changes to the network made by the providing carrier, and has no control over possible network optimization changes enforced by the Provider. All offers, content, promotions & prices listed today are subject to change without prior notice.

19. APPLICATION-SPECIFIC BEHAVIOR

We do not own, operate, maintain, or control the Service, and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Network Provider may engage in one or more of those activities. You should review the Network Provider's disclosures for application-specific practices by the Network Provider that may affect your use of the Service.

20. TECHNICAL SUPPORT

Technical Support is offered on all Nomad devices and subscriptions. Support may include shipping a replacement device. All Shipped Replacement devices will include a pre-prepaid shipping label for the return of the non-working unit, if applicable.

Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, nor will they provide any technical assistance or support for any third-party Software. Nomad is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the member's responsibility to initiate and be available for technical support during Nomad's hours of operation. If a member wishes to utilize Nomad's technical support, the member must be available to help troubleshoot the connection or computer setup. Nomad does not provide on-site technical support. Customers should understand and agree that any technician or other person dispatched to troubleshoot equipment that is not an employee or agent of Nomad and Nomad is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.

21. DOWNTIME CREDIT PRACTICE

Although rare, all cellular networks occasionally have localized tower outages which result in service disruptions. In the event this happens, downtime credit will be issued for all downtime experienced, if applicable. Credit will be issued from the first point of contact about a technical issue affecting the account. During this time, Customer dues are still owed, and credits will be applied once the issue is resolved. You must contact Nomad for any and all downtime credit requests.

22. PRODUCT DESCRIPTION AND SIZE

Please be aware that all photos of any products sold on Nomad are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Website, it is possible that some photos shown on our Website may not be entirely representative of the actual product in appearance. You may receive a used and/or refurbished Nomad modem. We quality check, test and verify each modem that is shipped. The quality of your modem will be equivalent to a brand new modem. All modems are the property of Nomad.

23. DEVICE ATTACHMENT RULES

The equipment used to access our service must be the original equipment provided by us to be used during the duration of your account with Nomad for personal use only. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Network Provider (if any).

24. PRIVACY POLICIES

We do not own, operate, maintain or control the Service and do not have network management practices that entail the inspection of network traffic. We do not store personally-identifiable traffic information, we do not provide personally-identifiable traffic information to third parties, or use that information for non-network management purposes. The Network Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Network Provider discusses these matters generally in its "Open Internet Information", which refers to the Network Provider's generally-applicable privacy policies that may be viewed online at their site.

25. SECURITY

We do not own, operate, maintain, or control the Service, and do not take any measures to assure the security of your use of the Service or the security of the network. The Network Provider may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Network Provider's open internet disclosures for additional information.

26. INSTALLATION

Nomad does not provide professional installation for its products/services. If a Customer requires a Professional Installation, it is their own responsibility to hire a third-party technician. Alarm systems, special configurations, or special applications may require a professional installation or additional equipment not available through Nomad. Nomad may not provide nor is responsible for any special equipment not rented through Nomad.

27. LIMITATIONS OF SERVICE

If you have not purchased a dedicated subscription service(s), you are not permitted to use your account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. Nomad reserves the right to disconnect users for excessive or exorbitant usage. Nomad and the Network Providers have implemented an abuse prevention and a fair use program and have the discretion to apply network management techniques, de-prioritization, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating Nomad's policies. These parameters may be changed at any time at Nomad's discretion. If you require a dedicated connection, you should notify Nomad.

27.1 EXCESSIVE USAGE

Nomad Customers are expected to use the service responsibly and in accordance with the guidelines established by our Network Providers. Excessive usage includes, but is not limited to, continuous streaming, public guest Wi-Fi usage, web hosting systems, or other activities that place undue strain on the network. In the event a Customer breaches these terms, Nomad reserves the right to suspend or terminate service. Further actions may include billing adjustments and referral to collections for any unpaid fees or equipment costs associated with the breach.

28. CIRCUMSTANCES BEYOND NOMAD'S CONTROL (FORCE MAJEURE)

Nomad will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, pandemics, epidemics, public health emergencies, war, terrorism, network outages, power failures, or an inability to obtain necessary equipment or subscription plans. In the event of a force majeure event, Nomad's obligations under these Terms of Service shall be suspended for the duration of the event.

29. TERMINATION

We may terminate this Agreement with you, and or any services we provide, at our discretion, at any time, or if we determine that you, or any user of your service, (1) have violated any applicable laws while using our Platform; (2) have violated any portion of this Agreement or any of our Platform policies; (3) if we believe that any of your current or future actions may legally harm Nomad, our business interests or a third party, at our discretion; (4) lie or steal from us; (5) fail to pay your bill, or have a history of billing issues with Nomad; (6) harass, threaten, use vulgar or inappropriate language toward our representatives; (7) modify or tamper with, in any way, a device that is property of Nomad; or (8) engage in any detrimental behavior including, but not limited to, data abuse, torrenting or other forms of misuse of any services offered by Nomad, or providing service to Unauthorized Extended Users without written approval. Where we have terminated this Agreement at our discretion and you have any ongoing subscriptions, we may refund you a prorated portion of any unused subscription fees that have been paid for. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

30. TERMINATION BY NETWORK PROVIDER

If, in the Cellular membership Network Provider's sole discretion, (a) a member is in breach of the Acceptable Use Policy; (b) a member's use of the membership is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the membership, the Network Provider and/or its partners' servers or other equipment, or the use and enjoyment of other users; (c) a member acts in an abusive or menacing manner when dealing with the Network Provider's technical support staff, Customer service staff or any other of the Network Provider's employees or representatives; (d) the Network Provider receives an order from a court to terminate a member's service; or (e) the Network Provider for any reason ceases to offer the membership, then the Network Provider at its sole election may terminate or suspend such member's service immediately without notice. For a termination in accordance with this paragraph, the member remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.

31. DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND NOMAD HAVE AGAINST EACH OTHER ARE RESOLVED.

The parties hereto shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with these Terms of Service by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the matter shall thereafter be resolved by binding arbitration and each party hereto hereby waives any right it may otherwise have to the resolution of such matter by any means other than binding arbitration pursuant to this Section. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NOMAD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Whenever a party shall decide to institute arbitration proceedings, it shall provide written notice to that effect to the other parties hereto. The party giving such notice shall, however, refrain from instituting the arbitration proceedings for a period of sixty (60) days following such notice. During this period, the parties shall make good faith efforts to amicably resolve the claim, dispute or controversy without arbitration.

Any arbitration hereunder shall be conducted in the English language under the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in San Antonio, Texas by a panel of three arbitrators: one arbitrator shall be appointed by each party; and the third shall be appointed by the American Arbitration Association. The panel of arbitrators shall have the authority to grant specific performance. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

In no event shall a demand for arbitration be made after the date when institution of a legal or equitable proceeding based on the claim, dispute or controversy in question would be barred under this Agreement or by the applicable statute of limitations. The prevailing party in any arbitration in accordance with this Section shall be entitled to recover from the other party, in addition to any other remedies specified in the award, all reasonable costs, attorneys' fees and other expenses incurred by such prevailing party to arbitrate the claim, dispute or controversy.

32. CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

YOU AND NOMAD INTERNET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Further, unless both you and Nomad agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

33. NOMAD SAFEPAY IDENTITY VERIFICATION & STORED PAYMENT METHOD POLICY

As part of Nomad Internet's commitment to protecting our customers, preventing fraud, and ensuring uninterrupted service, all customers are required to complete Nomad SafePay identity verification.

34. MISCELLANEOUS

• Severability: If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
• Entire Agreement: These Terms of Service, together with the Acceptable Use Policy and any other documents incorporated by reference, constitute the entire agreement between you and Nomad Internet regarding the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
• Governing Law: These Terms of Service and the relationship between you and Nomad shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
• Waiver: The failure of Nomad to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.