Terms and Conditions of Data Plan Services

1. Applicability. These Terms and Conditions of Data Plan Services (the “Terms”) apply to and govern all sales of rights of access to and use of data plans on the Verizon Wireless (“Verizon”) network (the “Plan Services”) offered by Redmont Sign, LLC dba Stewart Signs (“Stewart Signs”) to customers placing orders for Plan Services that are accepted by Stewart Signs as provided in these Terms. (“Customer”). Stewart Signs and Customer are each a “Party” and are referred to collectively as the “Parties” in these Terms.

2. Orders. Customers may order Plan Services by issuing purchase orders in conformity with quotations issued by Stewart Signs or by executing the quotations issued by Stewart Signs (“Orders”). Orders will be binding upon Stewart Signs only if accepted by Stewart Signs, which may be communicated through written confirmation or by provisioning of Plan Services. The agreement between the Parties for any Order, solely as it relates to the Plan Services (the “Agreement”), consists of: (i) these Terms; (ii) the data plan access prices, quantities, and payment terms incorporated in the Order; and (iii) and any modifications or additions to these Terms accepted in writing by an officer of Stewart Signs. No provision of any Customer purchase order will be binding upon Stewart Signs unless expressly accepted by Stewart Signs in that manner.

3. Permitted Use of Plans. Customer may use the Plan Services solely in connection with the operation of sign sold by Stewart Signs to Customer (identified in the Order) and applied to machine-to-machine (“M2M”) communication systems with such devices (“Supported Devices”) installed within the Verizon service area (“Permitted Use”). Supported Devices on mobile data plans may use the roaming services of Verizon’s roaming partners but may not be permanently located in roaming areas. Customer may not use the Plan Services for remote medical monitoring applications. Customer may only use the Plan Services and Supported Devices for lawful purposes and will not send or enable any SPAM, viruses, worms, trap doors, back doors or timers.

4. Provisioning and Support Services. Upon its acceptance of an Order, Stewart Signs take steps required to provision the Plan Services and will notify Customer when Plan Service is available and provide direction to Customer in establishing access. Stewart Signs will provide support for Customer use of the Plan Services including technical support services and billing services (“Support Services”). The manner of delivery of Support Service may be adjusted by Stewart Signs from time-to-time. Stewart Signs may utilize third parties to provide some or all of the Support Services to Customer.

5. Service Level and Dependencies. Stewart Signs shall provide Plan Services and Support Services applying its diligent, commercially reasonable efforts. Stewart Signs is authorized to provide Plan Services by Verizon, but Plan Services remain dependent upon Verizon continuing to provide and support its network and that authorization. Customer acknowledges that Plan Service is subject to interruption due to interruption of the Verizon network and is available only within the applicable plan coverage areas, within operating range of wireless systems and with Equipment authorized by Verizon to operate on its network. Further, the performance of each Party under this Agreement will be excused only for the duration of any condition or event outside of its reasonable control making performance commercially impractical such as disruptions due to natural disasters, acts of war, riots, strikes or supply chain shortages or delays.

6. Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Stewart Signs HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLAN SERVICES WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABIILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. Limitations of Damages and Remedies. THE LIABILITY OF STEWART SIGNS FOR ANY CLAIMS, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR OTHERWISE, ARISING FROM OR RELATING TO THE AGREEMENT OR THE PLAN SERVICES ARE LIMITED TO DIRECT DAMAGES INCURRED BY CUSTOMER NOT EXCEEDING THE PURCHASE PRICE PAID FOR THE PLAN SERVICES INVOLVED IN SUCH CLAIM. IN NO EVENT WILL Stewart Signs BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND THE PRICES OF THE PLAN SERVICES ARE SET AS A CONSIDERATION FOR THESE LIMITS. IN ADDITION TO THE PRECEDING LIMITS, Stewart Signs FULLY DISCLAIMS ANY LIABILITY OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE USE OF THE PLAN SERVICES IN APPLICATIONS WHERE DISRUPTION OR FAILURE OF THE PLAN SERVICES COULD RESULT IN LOSS OF LIFE, INCLUDING, BUT NOT LIMITED TO MEDICAL DEVICES, LIFE SAFETY APPLICATIONS, CONTROLS IN NUCLEAR FACILITIES, AND AIR TRAFFIC CONTROL APPLICATIONS; THE PLAN SERVICES ARE NOT INTENDED FOR USE IN SUCH APPLICATIONS.

8. Exclusion of Liability of Verizon Wireless. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT IT HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN STEWART SIGNS AND THE UNDERLYING CARRIER. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

9. Compliance. Each Party confirms and agrees to maintain compliance with all laws and regulations applicable to it in any way related to the Services. Customer agrees to supply to Stewart Signs such information regarding the usage of the Plan Services by Customer as Verizon may legally require of Stewart Signs.

10. Authorized Disclosures. Stewart Signs disclosures to Verizon and government authorities of information related to use of the Plan Services by Customer as legally required of Stewart Signs are hereby authorized by Customer.

11. Term and Termination:

12. Intellectual Property. Except as expressly provided in these Terms or other provisions of the Agreement, the sale of Plan Services does not constitute a grant of any license in or other right to use any patent, copyright, trademark or other proprietary right (“IP”) of Stewart Signs or its suppliers. All rights associated with the IP are expressly reserved by Stewart Signs. Customer shall not remove or alter any trademark, copyright notice or other designation of IP interest contain in or on the documentation or other material supplied by Stewart Signs to Customer.

13. Indemnities. Customer hereby indemnifies and agrees to hold Stewart Signs, its shareholders, employees, officers, directors, agents, affiliates and suppliers harmless from any claims and resulting costs, expenses, loss of damage related to the use of the Plan Services in any manner inconsistent with the Agreement or an Order or resulting from any failure of Customer to comply with applicable laws, regulations or industry standards applicable to their use of the Plan Services.

14. Resolution of Disputes; Controlling Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Alabama. Any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the city of Birmingham and County of Jefferson, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Any claim in any form based on any cause of action or legal theory must be brought within one (1) year after the date the cause of action underlying that Claim first accrued.

15. General.