1.1 General. Nomad operates www.nomadlease.com and related subdomains and/or applications (the “Site”). Nomad utilizes the Site to (i) perform marketing and related services for owners of a property or properties (“Property”) that are seeking to enter into long term leases (30 or more days) with tenants; (ii) assist users seeking a long term lease of a Property as a personal residence (each a “Tenant” or collectively “Tenants”); (iii) facilitate the execution of a lease agreement between Tenant and Owner; (iv) facilitate and receive Tenant payments; and (v) provide other Property-related services as selected by you.

1.2 Selection of Services. Nomad will provide you the specific services you select in an applicable Order Form (“Services”). Each Order Form or other documents relating to the Services, including those provided as part of Guaranteed Rent, may contain additional terms and conditions. Unless otherwise stated, those terms and conditions are incorporated into these Terms. Nomad will perform all services utilizing commercially reasonable efforts and in accordance with industry standards.

1.3 Licensed Services. Depending on the nature of the Services and the location of the Property, some of the Services may require a license or other professional qualification (such as a real estate broker license) (“Licensed Services”). In such cases, an affiliate or subsidiary of Nomad Labs, Inc. may perform those specific services and in doing so, may require you to sign additional documents as may be required in Nomad’s discretion or by applicable law (“Licensed Services Agreement(s)”). In the event of a conflict between these Terms and such Licensed Services Agreement, the Licensed Services Agreement will control. You agree to sign such additional documents as Nomad may require and you acknowledge and agree that Nomad may, in its sole discretion, suspend or terminate all or a portion of the Services for your failure to do the same.

2.1 Platform. This is Nomad’s most basic service offering where Owners have access to Nomad’s Site and technology platform to manage their investment properties.

2.2 Professional Marketing. If you select professional marketing services, Nomad assists you with marketing your Property to generate interest and prospective Tenant applications. Nomad will oversee the taking of professional photographs of your Property, develop a listing description, ensure that your Property is syndicated across the appropriate websites to increase your Property’s exposure, and facilitate showings to prospective Tenants.

2.3 Professional Leasing. If you select professional leasing, Nomad will (i) collect applications and related documentation from prospective Tenants; (ii) evaluate prospective Tenants (in accordance with all applicable law); and (iii) select an approved Tenant for lease execution.

2.4 Guaranteed Rent. “Guaranteed Rent” is an innovative Nomad service designed to ensure that you receive timely rent payments throughout the duration of your lease with Tenant. Essentially, we (i) help you lease your Property to Tenant, (ii) issue a guaranteed rent payment to you, based on the rent amount Tenant pays in your Lease, and then (iii) we collect payment directly from the Tenant (which we keep as reimbursement per Section 3.4) whenever those payments are made. Guaranteed Rent automatically includes Professional Leasing services and is subject to the other terms and conditions listed in Section 3 below.

2.5 Rent Advance. Rent Advance is a product that may be added-on to Guaranteed Rent at any time during the term of a Lease and allows you to request advance rent payments. In addition to these Terms, the Rent Advance service is subject to additional terms and conditions included in a separate agreement provided to you upon request of this service offering.

2.6 Other Owner Support Services. Nomad also offers other owner-support services for you and your Property that are made available to you upon request. Some of these services may be provided through third-parties and may require you to contract directly with such service provider. You will be responsible for the costs associated with these services and Nomad may deduct these costs from any payments owed to you, including but not limited to Guaranteed Rent. If you contract with a third-party service provider, Nomad has no liability arising from or relating to your agreement with such third-party.

3.1 General. Guaranteed Rent is provided in concert with either (i) Leasing Services, or (ii) a combination of Marketing and Leasing Services. Once you execute an Order Form selecting Guaranteed Rent, that Order Form will remain in effect and Nomad will lease and continue to release your property unless the Order Form is terminated in accordance with Section 10 below. The Order Form and supporting documentation will include a description of (i) the anticipated rent for your Property, (ii) the payment Nomad will issue to you, and (iii) the fees and compensation that will be paid to or retained by Nomad (collectively “GR Terms”). The anticipated rent is subject to change prior to Lease execution. As your Lease(s) approaches the end of the term, we will provide you with updated GR Terms (“New GR Terms”) in anticipation of re-leasing the Property. You have 5 days from receipt of New GR Terms to object in writing, otherwise you consent to Nomad re-leasing the Property based on the New GR Terms.

3.2 Guaranteed Rent Payments. Once the term of your Lease begins, Nomad will start issuing Guaranteed Rent payments in accordance with the GR Terms based on the stated rent in your Lease, minus the compensation owed to Nomad. Unless suspended or otherwise terminated in accordance with these Terms, the Guaranteed Rent payments will continue for the duration of your Lease with Tenant. In the event Guaranteed Rent payments are suspended in accordance with these Terms, but Nomad continues to receive payments from Tenants, Nomad will pass-through such payments (minus any compensation owed to Nomad) upon receipt. During any suspension of Guaranteed Rent, Nomad will only pass-through to you those payments it receives from Tenants, and it will not initiate any enforcement action against Tenant for nonpayment of rent.

3.3 Guaranteed Rent Limitations and Acknowledgments. All Guaranteed Rent payments and services are subject to the following limitations and acknowledgments:

3.4 Assignment of Payments Owed Under a Lease. As a result of Nomad’s Guaranteed Rent payments to you, Nomad’s compensation and reimbursement is achieved through its collection of payment from Tenants. Accordingly, by selecting the Guaranteed Rent services, you assign your rights, title, and interest to all Tenant payment obligations under the Lease to Nomad for the duration of the Guaranteed Rent services.

3.5 Security Deposits.

5.1 Nomad’s service offerings are designed to enhance an Owner’s ability to self-manage their property, while not worrying about the cash flow issues associated with untimely tenant rent payments, or the costs of delinquent tenants that must be evicted for non-payment. Nomad is not a full-service property manager and the Services are not intended to cover the offerings of a property management service provider.

5.2 You understand that unless specifically included in an Order Form or other written agreement between the parties, Nomad’s Services DO NOT include:

5.3 By selecting Guaranteed Rent and assigning your right to payment from the Tenants to Nomad, we will collect rent and all applicable fees or penalties owed by Tenants under the Lease. In doing so, Nomad will initiate such actions or demands for payment as are necessary, including, in our sole discretion, the commencement of eviction proceedings. You authorize Nomad to conduct such eviction proceedings on your behalf. You further acknowledge that Nomad will only pursue an eviction or similar action for non-payment of rent at its own cost through the earlier of: (i) the first evidentiary hearing conducted in the matter; (ii) the date it becomes reasonably apparent to Nomad that the Property did not satisfy Nomad’s Home Standards; or (iii) 3 months from the date the eviction action is filed. To the extent a Tenant makes any allegations or claims relating to the condition or habitability of the Property in such eviction proceeding, you are solely responsible for all expenses, costs and fees (including attorney fees), losses, liabilities, damages, and judgments arising out of or relating to such allegations or claims.

6.1 Authority. You are authorized to execute these Terms and have all authorizations and authority needed to execute, or authorize the execution of, a Lease with Tenants for the Property. You may be required to submit identity or property information needed to verify the ownership of the Property.

6.2 Owner Screening. We reserve the right to screen you and your Property against third-party databases or other sources, and to request reports from service providers in relation to you and your ownership of the Property. We also reserve the right to screen your representatives, agents, or service providers who may provide services at the Property or interact with Tenants. Nomad will only use this information for the purpose of conducting its business and carrying out its obligations or exercising its rights under these Terms.

6.3 Knowing Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts that apply to your Property. For example: some cities require certain licenses, permits, or certificates to rent a property. Some cities or states require owners to collect or pay certain taxes or other fees to rent a property. Some homeowner or condominium rules restrict or prohibit renting. Some jurisdictions have various fair housing, eviction, rent control, and other landlord-tenant laws that impact the manner in which you may rent or manage your property. If you have questions about how or whether certain local laws apply or impact you, you should always seek legal advice. For general information about national fair housing laws, visit: https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview.

6.4 Responsibility for Property. You are solely responsible, even where you retain the services of a third-party property manager, for the condition of your Property, including the maintenance and upkeep of the Property and for making all repairs to the Property. You understand that renting the Property to Tenants may lead to wear and tear or damage to your Property. You accept all risks related to renting your Property and understand that, as between you and Nomad, you are solely responsible for your Property. Nomad provides certain benefits and protections for you and Tenants through its Property Protection plan (as specified in Section 12 below), but Nomad does not maintain property insurance for your Property.

6.5 Nomad Policies. Some of Nomad’s Services are only available where you agree to comply with certain Nomad policies. In these cases, Nomad will communicate the policy to you in advance and by moving forward with the selection of those Services, you agree to comply with the applicable Nomad policies.

6.6 Nomad Home Standards. You must comply with the Nomad Home Standards, as modified or updated from time to time, throughout the effective period of these Terms.

6.7 Property Status, Condition, and Maintenance. You represent, warrant, and acknowledge that:

6.8 Owner Conduct. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate or assist you in making the Property available for rent, or maintaining or improving the Property.

6.9 Tenant Maintenance Obligations. The Lease and the Nomad Home Standards require Tenant to perform certain minor upkeep and maintenance activities on the Property. As set forth above, Nomad does not monitor or observe whether Tenant is complying with such obligations and will not initiate any actions on your behalf to enforce such obligations. As a result, you should make all accommodations you believe are reasonably necessary to ensure such ongoing upkeep and maintenance activities are performed to your satisfaction, including but not limited to scheduling and paying for:

10.1 Term.

10.2 Termination for Convenience.

10.3 Termination for Cause. Notwithstanding the termination rights in Section 10.2, either party may terminate these Terms for cause if any of the following events of default occur and are not cured within 10 days receipt of written notice: (a) a breach of these Terms; (b) if the Property or any part of the Property is taken upon execution or by other process of law directed against you; (c) a party (i) becomes the subject of a proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of credits to the extent permitted by applicable law; (ii) violates applicable law; (iii) engages in an activity that significantly impairs the non-terminating party’s ability to perform under this Agreement; or (iv) engages in an activity that may materially damage the terminating party’s reputation.

10.4 Termination Notice. Any notice of termination under this Section 10 shall be provided to Nomad at: notice@nomadlease.com. The notice shall state in the subject line “Notice of Termination” and you may provide a brief explanation regarding the reason for your termination.

10.5 Notice to Tenant. In the event of a termination, Nomad will provide notice to Tenants indicating that Nomad is no longer working with you in relation to the Property and that the Property will be removed from the Site. You will assume all obligations for the collection of rent and will be responsible for communicating with Tenant and otherwise performing all obligations under the Lease. Nomad will provide you with an electronic copy of the executed lease within 30 days of termination.

14.1 IN NO EVENT WILL NOMAD, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY THE “NOMAD GROUP”), OR ANY THIRD-PARTY PROVIDER OFFERED ON OR THROUGH ANY SITE OF A MEMBER OF THE NOMAD GROUP (EACH A “THIRD- PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO (A) OUR SERVICES, (B) THESE TERMS OR AN ORDER FORM, (C) ANY BREACH OF THIS AGREEMENT BY YOU OR A THIRD PARTY, (D) THE SITE OR ITS INTERACTION WITH ANY THIRD PARTY SITE, OR (E) ANY USER-CONTRIBUTED CONTENT TO THE SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO THE NATURE OF THE CLAIM AND TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

14.2 IN NO EVENT SHALL NOMAD GROUP’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR AN ORDER FORM, OR ITS SERVICES, EXCEED THE AMOUNT OF FEES YOU PAID TO NOMAD IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

16.1 Dispute Resolution Process. Nomad strives to maintain excellent customer satisfaction and aims to create a consumer-friendly dispute resolution process. In furtherance of those goals, these Terms provide a two-part claims process for you to follow in the event of a dispute: (1) an informal negotiation with Nomad’s customer service team; and, if necessary, (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Nomad each retain the right to seek relief in small claims court as an alternative to arbitration.

16.2 Mandatory Pre-Arbitration Dispute Resolution. At least 60 days prior to initiating arbitration, you and Nomad each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Nomad at. Nomad will send its notice of dispute to the email address associated with your Nomad account. A notice of dispute must include, at a minimum: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 60-day period from receipt of the notice, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

16.3 Agreement to Arbitrate. You and Nomad mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or an Order Form, or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of Nomad’s Site or Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Nomad agree that the arbitrator will decide that issue.

16.4 Arbitration Rules and Procedure. Arbitrations will be conducted by the AAA under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, but if you are unable to pay any of them, we will pay them for you for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. We and you will not seek its attorneys’ fees or other costs in arbitration unless the arbitrator determines that the claims or defenses of a party are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section shall survive expiration, termination or rescission of this Agreement. By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.

16.5 Jury Trial Waiver. You and Nomad acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

16.6 No Class Actions or Representative Proceedings. You and Nomad acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

16.7 Modification. Nomad’s right to modify or amend these Terms, in whole or in part, per Section 17 below, does not apply to this “Dispute Resolution and Arbitration Agreement” section. The version of this “Dispute Resolution and Arbitration Agreement” section in effect on the date you last accepted these Terms controls.

16.8 Governing Law. This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), AAA Rules, federal arbitration law, and the laws of the State of Colorado without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.

22.1 Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

22.2 This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing in this Agreement is intended to confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

22.3 Any provision that should survive termination of this Agreement to fulfill its essential purpose, will survive, including but not limited to the sections addressing Limitation of Liability, Indemnification, Dispute Resolution and Agreement to Arbitration, Privacy and User Data, Nomad Proprietary Rights, and Miscellaneous.

22.4 No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Site.

22.5 These Terms embody the entire understanding and agreement between you and us respecting the subject matter of the Terms and supersedes any and all prior understandings and agreements between you and us respecting such subject matter, except that if you have executed a separate written agreement or you have signed an Order Form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of these Terms conflicts with the terms of such agreement.