THE DIGITAL COLLECTIBLE IS INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY. IT IS NOT A "SECURITY," AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY U.S. STATE.

This site and the Nomad product are produced by Earth Labs LLC, a Wyoming limited liability company.

Earth Labs LLC will have no responsibility or liability, and you hereby waive and release any and all claims, arising out of or in connection with:

• any blockchain or related technology,

• any digital wallet, MetaMask technology, similar technology or

  related service,

• the transfer or loss of any NFT or the inability to demonstrate

  ownership or control of any NFT,

• any marketplace or other platform for buying, selling or

  transferring any NFT other than the Platform,

• any Enabled Platform or any platform or service provided by any

  third party or any technology related thereto,

• any Modified Content or Additional Benefit provided by any third

  party, or any terms or conditions applicable to any such Modified Content or Additional Benefit,

• any computer, server, network device or other hardware or any

  Internet service provider or other telecommunications service or hardware, or

• any other service, equipment, technology or network or data transfer

  infrastructure not owned and controlled by Earth Labs LLC.

All users of this site agree to be governed by and are governed by the terms and conditions found on www.earth.domains.

All owners of Nomads agree to be governed and are governed by the terms and conditions found on www.earth.domains.

Earth Labs finds the following representations and warranties made by the User to be material and Earth Labs relies on each and every one of the following representations and warranties in contracting in any way with a purchaser of a Nomad. Earth Labs does not agree to sell a Nomad to any member of the public that does not actually assent and agree to these terms.

Earth Labs does not seek or intend to make a sale of any kind to any potential purchaser that does not agree to the following terms:

• The purchase of a Nomad comes with no warranties by Earth Labs.

  Earth Labs disclaims any promises and any warranties the User may believe to exist. There is no warranty given by Earth Labs and the NFT is sold as is. Earth Labs makes no representation of any future value or utility of Nomad.

• Some functionality of the Nomad includes use of the ENS protocol and

  their subdomain wrapper contract. Earth Labs makes no warranties about the security of the smart contract.

• By owning, purchasing, or minting a Nomad User agrees and warranties

  that they have read, understand and agree to all of the terms and conditions found on [www.Earth.domains]{.ul}.

• User agrees that User is not and never will buy a Nomad with any

  expectation of any profit.

• User agrees that User is not purchasing the Nomad with any

  expectation of acquiring or being able to acquire any equity in Earth Labs. Specifically, User agrees that if they are in any way aware of "Token Gated Equity", they understand it fully and are not buying the Nomad at all based on the promise of any Token Gated Equity. Users acknowledge equity in Earth Labs likely is valueless.

• Users of Nomads agree that they expect no equity in Earth Labs. User

  agrees they do not expect any future utility related to Nomads.

• User agrees that User never has, and will not ever purchase or

  otherwise spend any money in relation to a Nomad with the expectation of any financial opportunity, any profit, or gain whatsoever. User agrees and states that User has no expectation of financial return, profit, or gains from the purchase or from the ownership of a Nomad. The User agrees there may not be a secondary market for Nomads at any time in the future, and assumes there will not be a secondary market at all for the Nomad purchased from Earth Labs.

• User agrees and states that User has no expectation of possible

  resale of their Nomad.

• User acknowledges that they have no expectation that any secondary

  marketplace that exists at the time of mint, will continue to exist, or will provide any opportunity for resale of the Nomad. Earth Labs states and User agrees, User should expect no opportunity for resale of a Nomad.

• User agrees that the purchase of the Nomad is for the consumptive

  value or functionality of the Nomad, the uniqueness of the art, and the .earth subdomain functionality.

• User agrees to binding arbitration for any cause or claim against or

  involving Earth Labs LLC or any successor in interest or newly established entity by the same founders.

• User agrees to arbitrate certain disputes and claims with Earth Labs

  and limits the manner in which User can seek relief from Earth Labs, unless User opts out of arbitration by following the instructions set forth below. User agrees that no class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes User from suing in court or having a jury trial.

No Representative Actions. User and Earth Labs agree that any dispute arising out of or related to these Terms or our Services is personal to User and Earth Labs and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which User or Earth Labs seeks to bring an individual action in small claims court located in the county of User billing address or disputes in which User or Earth Labs seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, User and Earth Labs waive User rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, "Disputes") resolved in court. Instead, for any Dispute that User have against Earth Labs User agree to first contact Earth Labs and attempt to resolve the claim informally by sending a written notice of User claim ("Notice") to Earth Labs by email at [email protected] or by certified mail addressed to Earth Labs. The Notice must (a) include User name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to User will be similar in form to that described above. If User and Earth Labs cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Manhattan (New York County) in the state of New York unless User are a consumer, in which case User may elect to hold the arbitration in User county of residence. For purposes of this Section, a "consumer" means a person Earth using the Services for personal, family or household purposes. User and Earth Labs agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. User either acknowledge and agree that User have read and understand the JAMS Rules or waive User opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
User and Earth Labs agree that these Terms affect interstate commerce and that the enforceability of the Arbitration agreement will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Earth Labs, and User will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
User and Earth Labs agree that for any arbitration User initiate, User will pay the filing fee and User and Earth Labs will split equally the remaining JAMS fees and costs; provided that if User are a consumer the maximum amount User will be required to pay for the filing fee is $250 and Earth Labs will pay any remaining amount of the filing fee and the remaining JAMS fees and costs. For any arbitration initiated by Earth Labs, Earth Labs will pay all JAMS fees and costs. User and Earth Labs agree that the state or federal courts of the State of New York and the United States sitting in in the boroughs of Brooklyn (Kings County) or Manhattan (New York County) in the state of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that User and Earth Labs will not have the right to assert the claim.
User have the right to opt out of binding arbitration within 30 days of the date User first accepted the terms of this Section by emailing Earth Labs at [email protected]. In order to be effective, the opt-out notice must include User's full name and address and clearly indicate User's intent to opt out of binding arbitration. User agrees that if they do opt out of binding arbitration, User are agreeing to resolve Disputes in accordance with The Venue and choice of law provisions below.

If any portion of these agreements is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration agreement and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of Arbitration agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of the Agreement will be enforceable.

Governing Law and Venue

Any dispute arising between User and Earth Labs, not arbitrated in accordance with the previous arbitration agreement, will be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in the boroughs of Brooklyn (Kings County) or Manhattan (New York County) in the state of New York and User consent to jurisdiction and venue in such courts.

No intellectual property rights are transferred by the sale of a Nomad. Earth retains all rights.

The Rights Owners retain all right, title and interest in the Related Content and all copyright or other intellectual property rights in any Related Content.

User agrees that they have no expectation of profit, and no expectation of the ability to resell any Nomad NFT.

User agrees that these terms apply to any Nomads they buy from any other party.

User acknowledges that Earth Labs, its founders, counsel or affiliates did not make any statement that induced User to purchase a Nomad, regarding the value of a Nomad, the future value of the Nomad, or any potential for profit about purchasing a Nomad. induced the purchase of Nomads.

The Rights Owners retain all right, title and interest in the Related Content and all copyright or other intellectual property rights in any Related Content.

User specifically warrants that it has the legal right to make the purchase of a Nomad. User warrants that they are not in a country or jurisdiction that is not recognized by the United States government.

User agrees that their purchase or ownership of a Nomad does not violate the Trade Control Law, including that they are not (a) in Cuba, Crimea, Iran, North Korea, Sudan, or Syria, or in any other embargoed destination, or (b) listed on, or owned or controlled by anyone on, a sanctioned party list published by the U.S. Departments of Commerce or Treasury, including the Specially Designated Nationals and Blocked Persons List (a "Sanctioned Party").

NFTs provided by Earth Labs are intended for purchase and use by persons 14 years of age or older. User acknowledges and agrees that User is not permitted to visit Earth Labs's website or purchase the NFTs, and shall not access Earth Labs's website or purchase any NFTs provided by Earth Labs if User is under the age of 14. By using the website, or owning a Nomad, you certify that you are at least 14 years of age You also agree not to assist anyone under the age of 14 in accessing Earth Labs's website or the NFTs or attempt to contact anyone under 14 while accessing or using the website.

User certifies that User is not a Sanctioned Party or located in or a resident of any embargoed destination. In addition to any other remedy that Earth Labs may have, Earth Labs may suspend and/or cancel the provision of any Item if Earth Labs believes, in its discretion, that such activity may violate any Trade Control Law or Earth Labs's own compliance policies.

Earth Labs LLC reserves the right to modify these terms and conditions from time to time.