This is a contract. Nomad Claimaid (a cloud-based website SAAS app) and Nomad Blade Mobile (a mobile app to be used on Apple IOS devices) and Nomad Blade (a cloud-based website SAAS app) and all associated content including information, reports, images, products, services and data provided or accessible within the Website SAAS App, Mobile App or Website (the "Services") are owned and operated by Nomad Intelliware LLC ("Nomad" or "we" or "our").

Users of the Services affirm you are competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

By accessing or using the Services you affirm and signify that you have read, understand and agree to be bound by the Terms of Use herein. Only those who agree to abide by all applicable laws and regulations are authorized to use the Services. By using the Services you agree to be bound by the terms contained on this page. These Terms of Use contain an agreement to arbitrate all Claims as well as disclaimers of warranties and limitations of liability. These provisions form an essential basis of our bargain. Please read these terms carefully. If you do not agree to these terms, you are not authorized to access or use any of the Services.

1. Acceptance of Terms Through Use

Nomad makes the Services available to you subject to the following terms and conditions of use (the “Terms of Use”). These Terms of Use also apply to any updates, enhancements and new features and products relating to the Services which are provided to you or accessible by you in connection with the website or mobile application. By using the Services, you represent to Nomad that you have read, understood, and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and in connection with the website and mobile application, and agree to follow all applicable laws and regulations.

2. Changes to This Terms of Use Statement

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms & Conditions at any time without further notice. If we do this, we will post the changes to these Terms & Conditions on the Website. Your continued use of the Website after any such changes constitutes Your acceptance of the revised Terms & Conditions.

3. Privacy Policy

Your privacy is important to us. You can learn more about the information collected about you in our Privacy Policy on this website. The terms of the Privacy Policy are expressly incorporated fully into these Terms of Use, and you agree to be bound by the most current version of our Privacy Policy.

4. User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information, or other communication you transmit, upload or post or submit regarding or through the Services (“Communications”) will be considered non-confidential and non-proprietary property of Nomad.

We will have no obligations with respect to the Communications. We and our designees or assigns will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

By providing Communications, you grant Nomad, at no charge, a royalty free, perpetual, irrevocable, non-exclusive worldwide right and license (with the right to sublicense) to use, reproduce, distribute, modify, create derivative works of, publicly display, and perform your Communications, including without limitation, photos, works, and metadata associated with any part of the Communications, in any media now known or later developed; and to make, sell, offer for sale, import, and otherwise transfer your Communications, subject to no confidentiality obligations regarding Communications except as set forth in the Privacy Policy. You represent and warrant that you are responsible for the Communications that you provide, that you have all rights and permission to provide and assign to Nomad the Communications, and that you, not Nomad, have full responsibility for the Communications, including their legality, reliability, appropriateness, originality, and copyright.

5. Links to Other Web Sites

Our Services may contain links to third-party web sites that are not owned or controlled by Nomad. Nomad has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Nomad has no control over, does not review, and cannot be responsible for the information contained on other websites or provided by third parties. Nomad does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of such third-party websites, content, or services.

You further acknowledge and agree that Nomad shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such third-party websites or services. Nomad is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Your use of such third party websites, content or services will be subject to terms and conditions of that third party. YOU AGREE THAT NOMAD WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH THE WEB SITE OR SERVICES OF A THIRD PARTY.

6. Potential Disruption of Service

We do not guarantee that our Services, or any content contained within or accessible through Services, will always be available or uninterrupted. Access to the Services may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of Nomad. Nomad is not liable to you if, for any reason, the Services are unavailable at any time or for any period.

7. Disclaimers

The information contained on the Service is for general information purposes only. THE SERVICES ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL, INVESTMENT OR LEGAL ADVICE.

The materials, information, products, and services included in or available through the Services, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the website and mobile application, are provided “as is” and “as available.”

Nomad assumes no responsibility for errors or omissions in the contents of the Service. In no event shall Nomad be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Nomad reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

Nomad does not warrant that the Service is free of viruses or other harmful components.

Nomad disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither Nomad nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the Services. Nomad disclaims any representation or warranty that the Services OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES will be available at any particular time or from any particular location OR that any defects or errors will be corrected. The Services may include inaccuracies or typographical errors. Your use of the Services is solely at your risk.

WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES, OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES, OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.

CANCELLATIONS: You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

8. Limitation of Liability

In no event shall Nomad be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Nomad has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Nomad is liable for the protection of confidential data only to the extent loss of such data is a direct result of a failure to adhere to appliable laws, regulations, or industry standards concerning protection of confidential data. Nomad shall not b held liable for loss of data due to mobile devices or websites left unattended, shared login information leading to loss of confidential data, or any other negligence on the part of the licensee, their employees, independent contractors, or any other third parties accessing the Services.

You understand and agree that Nomad will not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from or in any way connected to your access to, use, inability use, or reliance on the Nomad Services, including with limitation any products or services obtained or accessed through the website and mobile application. For those jurisdictions that either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of agreements, this limitation shall be construed to permit the maximum exclusion or limitation permitted by applicable law. You acknowledge that the Service have been made available to you in reliance upon these Terms of Use, and in particular the Disclaimers and Limitations of Liability.

The Services are provided "as is" and "as available" without warranty of any kind.

9. Indemnification of Nomad

You will not use the Services for any unlawful purpose, or for any purpose not permitted by these Terms of Use. You agree to indemnify, defend and hold harmless Nomad, its affiliates, successors, assigns, licensees and any of their officers, directors, employees, agents, subcontractors, licensors and suppliers, from any liability, loss, claim and expense (including REASONABLE attorneys’ fees) related to your violation of these Terms of Use, and/or the use of the Services by you or anyone using your account, password, login information, computer, or mobile device. You are solely responsible for defending any claim, subject to Nomad's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation, liability or admission of guilt on the part of Nomad without prior written consent of Nomad. If you violate any provision of this section of the Terms of Use, Nomad may terminate your access to the Services without notice, and you have indemnity obligations to Nomad and other third parties entitled to indemnification as a result of your violation of these Terms of Use. This section, as well as other sections that are intended to survive, shall survive termination of your access to or use of the Services.

10. Severability and Integration

Unless otherwise specified in these Terms of Use or the Services, these Terms of Use constitute the entire agreement between you and Nomad with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Nomad with respect to the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect. Additional terms may be agreed upon by you and Nomad with respect to content available via the Services.

11. Governing Law and Jurisdiction

The use of our Services shall be governed by and construed in accordance with the laws of the State of Idaho, USA, without regard to its provisions relating to conflicts of law.

12. Dispute Resolution

YOU AGREE THAT YOUR USE OF SERVICES CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT any claim or controversy arising out of or relating to the use of the Services or to any acts or omissions for which you may contend Nomad is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act and is intended to satisfy the writing requirement thereunder.

YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in Orange County, California. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to Nomad. In any arbitration, Nomad will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.

Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees.

13. Copyright Infringement Claims

DIGITIAL MILLENNIUM COPYRIGHT ACT POLICY. This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) for the reporting of alleged copyright infringement. Nomad respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Services are required to respect the legal protections provided by applicable copyright law.

Upon receipt of notification of claimed infringement, Nomad will follow the procedures outlined herein and in the DMCA. Nomad's “Designated Agent” to receive notification of alleged infringement under the DMCA is listed below. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, notify Nomad in writing:

Nomad

Attn: Legal Department

141 N Palmetto Ave #1180

Eagle, ID 83616

Any claim of copyright infringement should include sufficient information to enable us to evaluate your claim and to take appropriate action. A notice of alleged copyright infringement to the Designated Agent must include the following:

-An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

-Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.

-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nomad to locate the material.

-Information reasonably sufficient to permit Nomad to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

-A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.

-A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if Nomad is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Nomad will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Under appropriate circumstances, Nomad may, in its discretion, terminate authorization of users of the Services who are repeat infringers.

14. Contact Us

If you have any questions about these Terms, please Contact Us.

You can contact us by mailing correspondence to PO Box 1180 Eagle, ID 83616, by using our website contact form, by email to contact@nomadiw.com or by telephone at 800-300-9837.

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Nomad Intelliware LLC

Updated August 8, 2024