Site Terms of Use

Welcome to the www.usmobile.com website and any related websites, domains, portals, applications, or online services operated by US Mobile, Inc. ("US Mobile", "USM", "we", "our"), including but not limited to app.usmobile.com and any successor or affiliated platforms (collectively, the "Site"). BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, please do not access or use the Site.

Your access to and use of the Site constitutes your agreement to (1) these Terms of Use, and (2) the USM Privacy Policy, available at www.usmobile.com/privacy-policy, which is incorporated herein by reference. In addition, if you purchase or use any USM product(s) or service(s), you agree to be bound by the USM Terms and Conditions of Service (the "T&Cs"), available at www.usmobile.com/terms, which are hereby incorporated by reference to the extent applicable below. If you do not agree to any of these Terms of Use or the USM Privacy Policy, please do not use the Site. In its sole discretion, USM may modify or revise these Terms of Use or the USM Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits. If you violate any of these Terms of Use, your permission to access and use the Site and the contents of the Site, such as text, graphics, software, images, designs, icons, and other material contained on the Site (collectively, "Content") automatically terminates and you must immediately cease all access to and use of the Site and the Content.

USM may update or modify these Terms of Use at any time in its sole discretion. Continued use of the Site after any changes constitutes acceptance of the revised Terms.

USM grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and its Content solely for your personal, lawful use, including learning about and purchasing products and services.

You agree that you will not:

• Use the Site for any unlawful purpose

• Modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works from any Content without prior written consent

• Use the Site for commercial purposes without authorization

• Circumvent, disable, or interfere with security features of the Site

• Use automated tools (robots, spiders, scrapers) to access or collect data from the Site

• Upload or transmit viruses, malware, or harmful code

• Interfere with Site infrastructure or network integrity

• Collect or harvest personal information from other users

• Impersonate any person or entity or misrepresent your affiliation

All rights not expressly granted are reserved by USM.

All sales of products and services on the Site are governed by the USM Terms and Conditions of Service (the "T&Cs") located at www.usmobile.com/terms. Please refer to the T&Cs for the terms and conditions applicable to your purchase and use of products and services offered through the Site. By purchasing and/or using any USM product(s) or service(s) through the Site, you agree to be bound by and accept the T&Cs. The T&Cs are subject to change at any time without notice, in USM's sole discretion; therefore, you should periodically review the T&Cs including whenever you purchase and/or use any USM product(s) or service(s). If any provision of these Terms of Use conflict with the T&Cs, the T&Cs shall apply.

To use certain areas of the Site, you must register for an account. By registering, you agree to the following conditions and responsibilities:

Account Limit: You will create and maintain only one account.

Accuracy: All information provided during account creation must be truthful, accurate, current, and complete.

Maintenance: You will promptly update your account information as needed.

Security: You are responsible for maintaining the security of your account, including restricting access and not sharing your password. You must notify USM immediately upon discovering any security breaches related to the Site.

Responsibility: You accept all risk and take full responsibility for any and all activities and transactions occurring under or in connection with your account.

All Content on the Site — including text, graphics, logos, icons, software, and designs — is owned by or licensed to USM and protected by U.S. and international intellectual property laws. You acquire no ownership rights through your use of the Site.

The USM name and logos and all related product and service names, design marks, and slogans are trademarks, service marks, registered trademarks or registered service marks of USM and may not be used in any manner without the prior written consent of USM. All other trademarks and service marks are the property of their respective owners.

USM respects the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act of 1998 (the "DMCA"), under 17 U.S.C. §§ 512(b)–(d), a copyright holder may send USM a valid notification of claimed copyright infringement under the DMCA if they believe that their work has been copied and posted, stored, or transmitted to the Sites in a way that constitutes copyright infringement. You may submit a DMCA notice to the below agent:

Copyright Agent

c/o US Mobile Inc.

295 Madison Ave

6th Floor

New York, NY 10017

Phone: (646) 398-3557

Email: [email protected]

You acknowledge and agree that USM is not responsible for invalid destinations or transmission errors and does not guarantee your ability to access all Sites. Access to any of the third party websites linked to from any of the Sites is entirely at your own risk and is solely governed by the terms and policies applicable to third-party websites, and not these Terms. Accordingly, you should carefully review the privacy and other policies and terms of such third party websites.

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON'T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

USM DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

IN NO EVENT WILL ANY OF THE USM PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY USM PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold harmless USM Parties from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, arising from or related to claims made by any third-party due to or arising out of:

• Submitted material or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Sites;

• Your use of the Sites (or use of the Sites by any parties who use your computer, with or without your permission);

• Your violation of these Terms and/or your violation of any laws or regulations or the rights of another through the use of the Sites (or such violations by any parties who use your computer, with or without your permission); or

• Your interaction with Licensors or third parties or reliance on any advice provided by them.

These indemnity obligations will survive termination of your relationship with USM or your ceasing to use the Sites. USM reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with USM in asserting any available defenses.

Without limiting any of our other rights, USM may suspend or terminate your access to the services or delete your USM account if any of these things happen:

• You materially or repeatedly breach these terms, service-specific additional terms or policies;

• We're required to do so to comply with a legal requirement or a court order; or

• Your conduct causes harm or liability to a user, third party, or USM — for example, by phishing, harassing, spamming, misleading others, or scraping content that doesn't belong to you.

These Terms are governed by the Federal Arbitration Act and applicable federal law, and where necessary, the laws of the State of New York, regardless of conflict of laws rules. Disputes relating to the Site are subject to the arbitration provisions set forth in the USM T&Cs.

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.