This Terms & Conditions of Service Agreement (“TOS”) is a legal agreement between you and Dray Analytic Solutions Inc. (hereinafter referred to as “us,” “we,” or “Dray”), the owner and developer of the Draymatics application (“App”), the Draymatics website, and the Draymatics platform (the App, Draymatics website, and Draymatics platform are hereafter collectively referred to as “Draymatics”).

By registering for and/or using any service or product provided by or on Draymatics, or by offering and/or providing any service or product on Draymatics, you become a user and you agree to be bound by all of the terms set forth in this TOS.

IF YOU DO NOT AGREE TO ANY OF THE TERMS INCLUDED IN THIS TOS, PLEASE DO NOT REGISTER FOR OR USE ANY DRAYMATICS SERVICE OR PRODUCT.

The TOS may be updated from time to time without notice to you. However, you can always find the latest version of the TOS here and in the "Settings" section of the App’s user dashboard and should check regularly for updates and changes.

In addition, when using Draymatics, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.

THE MOST CURRENT VERSION OF THE TOS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO TERMS & CONDITIONS. DRAY RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS TOS AT ANY TIME WITH OR WITHOUT NOTICE TO YOU.

You understand and agree that you are solely responsible for your actions and decisions to meet or connect with any persons, third parties, and/or Users (as defined in Section 20 below) who you encounter online by virtue of the services provided on Draymatics. You understand that Dray does not perform psychological testing or background checks on the persons, third parties, and/or Users who may use the Draymatics services. You understand and agree that you must take all reasonable precautions before meeting or connecting with others through the services provided via Draymatics.

Opinions, rankings, certifications, advice, statements, badges, and/or other comments should not necessarily be relied upon and are not to be construed as endorsements or professional advice from Dray. Simply because a User, vendor, service, driver, and/or natural person, etc. is on, or happens to be featured by, Draymatics, it does not mean that Dray has vetted or vouched for that User, vendor, and/or service. Dray does not guarantee the accuracy or completeness of any of the information provided on Draymatics, and is not responsible for any loss resulting from your reliance on such information.

It is possible that other Draymatics Users will post or send obscene, defamatory, or offensive materials on Draymatics or to you via e-mail or other method of communication. It is also possible that by using your e-mail address or other contact information that you provide through Draymatics, other people may, through other means outside the control of Dray, have access to personal information about you. Dray and its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others about you.

Dray reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff, or that violates this TOS. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on Draymatics.

Draymatics is intended for adults only. Draymatics is not intended for anyone under the age of 18 years old. You certify that you are at least 18 years of age and that your answers to the registration materials on Draymatics will be truthful. In accessing and using Draymatics, you understand and agree that basic information concerning you, given to Draymatics, will be published online (whether on our app or on our website) for others to view along with your User ID. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND VIEW DRAYMATICS. IF YOU ARE UNDER 18, DO NOT USE DRAYMATICS FOR ANY PURPOSE.

Draymatics, Dray, the Draymatics and Dray logos, and/or other trademarks, service marks, or taglines associated with Dray or Draymatics are either common law trademarks or registered trademarks of Dray. Other product and company names mentioned on Draymatics may be trademarks of their respective owners.

Draymatics grants you a limited, revocable, nonexclusive license to use Draymatics solely for your own personal use and not for republication, distribution, dissemination, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on Draymatics, reverse engineer, login or enter into Draymatics in an unlawful or unauthorized manner, or use materials, products or services in violation of any law. The use of Draymatics is at the discretion of Dray and we may terminate your use of Draymatics at any time for any reason whatsoever.

Without limiting the previous Section above, you acknowledge and agree that Draymatics is provided under license, and not sold, to you. You do not acquire any ownership interest in Draymatics under this TOS, or any other rights thereto other than to use Draymatics in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this TOS. Dray and our licensors and service providers reserve and shall retain the entire right, title, and interest in and to Draymatics, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly licensed to you in this TOS. You shall not:

• copy Draymatics, except as expressly permitted by this license;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of Draymatics;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of Draymatics or any part thereof;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Draymatics, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Draymatics, or any features or functionality of Draymatics, to any third party for any reason, including by making Draymatics available on a network where it is capable of being accessed by more than one device at any time;
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting Draymatics;
• use Draymatics in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including, without limitation, while hauling or transporting hazardous materials, explosives, power generation systems, or weapons;
• utilize or encourage others to utilize Draymatics in a manner that endangers others, including by engaging in reckless or distracted driving,
and/or;
• operate Draymatics in an unsafe or negligent manner, including but not limited to 1) using Draymatics while speeding or driving in dangerous conditions, including operating Draymatics during inclement weather or on roads with low visibility, 2) using Draymatics in a manner that causes you to pay inadequate attention to road or traffic conditions, and/or 3) otherwise using Draymatics in a manner that reduces your ability to drive safely (e.g., causes you to look away from the road for more than a second at a time, remove your grip from the steering wheel, and/or may lead you or others to engage in reckless or distracted driving).

You acknowledge that when you download, install, or use Draymatics, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Devices (as defined below in Section 33, below) and about your use of Draymatics. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using Draymatics or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with Draymatics is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through Draymatics, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You agree to comply with all applicable laws regarding your use of Draymatics. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information via email to support+privacy@draymatics.com or by mail to P.O.BOX 768; Hutchins, Texas 75141:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on Draymatics;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Nothing contained in this TOS or your use of Draymatics shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

[The App is a communications app intended for use by participants in the trucking and logistics industry]. The specific services offered may change from time to time, with functionality added, or removed, as we deem appropriate. As part of utilizing Draymatics, and/or any service or product offered on or included therein, Users (which includes, but is not limited to, sellers, purchasers, drivers, vendors, service providers, and any other business or person using Draymatics) may create Content (as defined by Section 14, below). You acknowledge and agree that this TOS expressly covers both Draymatics and all Content included therein, including any and all Content created by you.

DRAYMATICS’S SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND DRAY ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, DRAYMATICS PROVIDES INFORMATION AND SERVICES WITHOUT WARRANTY OF ANY KIND AND AS SUCH, DRAY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION OR SERVICES ON DRAYMATICS.

Unless explicitly stated otherwise, any new features which augment or enhance Draymatics, including without limitation the release of new Draymatics properties, are subject to the then current TOS.

All Users must abide by the TOS. If you fail to follow any of the guidelines and/or rules of behavior, we can discontinue your ability to use Draymatics at any time without notice. In addition, we have the right to delete any piece of Content, and provide comment on any topic or profile we find objectionable or otherwise worthy of comment.

You may only use Draymatics for purposes expressly permitted by the TOS. As a condition of your use of Draymatics, you represent and warrant to Dray that you will not use Draymatics and/or any service or product offered on or included therein for any purpose that is unlawful, offensive, and/or prohibited by this TOS.

You alone are totally responsible for any activity that takes place on Draymatics under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify us immediately and take steps to change your password. It is up to you to maintain the confidentiality of your password and access to your account at all times.

You understand that you may receive business-related communications from us or through Draymatics such as service and product announcements or account administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive them, and you will not be able to opt out of receiving such communications.

As a User of Draymatics you also understand and agree that Draymatics will include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through Draymatics, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Dray shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on Draymatics.

You understand that you are responsible for obtaining access to Draymatics and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

As a User, you may be able to upload, message, and post a great variety of materials and information, including but not limited to text, pricing information, audio, video, photographs, graphics and other materials (“Content”). This means that you have sole responsibility, not Dray, for all of the Content that you upload, post, email, transmit or otherwise make available through Draymatics, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on Draymatics is entirely your responsibility.

Dray shall have no liability of any kind with respect to any Content posted by you, other Users, and/or any other person with access to Draymatics. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Users or otherwise created, distributed and displayed on any part of Draymatics. Dray does not control or monitor all of the Content posted via or on Draymatics and, as such, does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. By placing Content on Draymatics you are providing Dray with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content, in whole or in part, on Draymatics for any means, including but not limited to use by Dray, including its affiliates and related companies (including but not limited to any subsidiaries or parent companies), within Draymatics, and for any technical, editorial and promotional purposes of Draymatics, Dray, or Dray’s affiliates. Dray reserves the right to exploit or promote this Content in connection with the promotion of Draymatics, any services or products offered by or on Draymatics, or for any commercial purpose of related to Dray and/or its affiliates and related companies.

Unless you clearly label specific Content you post as Content that cannot be copied or used by any other Users, you agree that by posting Content you own on Draymatics, all other Users can reproduce and use such Content in connection with Draymatics, subject to all applicable laws. Dray shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless, defend, and indemnify Dray with respect to any claim you have that other Users or individuals with access to Draymatics are reproducing or using your Content as well as for claims by other Users that you are reproducing or using their Content without permission. Dray will not arbitrate, mediate or resolve any intellectual property or other disputes between Users, and has no responsibility for doing the same other than as may be specifically required by law.

You acknowledge that we may or may not pre-screen Content but that we and our designees shall have the right, but not the obligation, in our sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or that we otherwise determine is objectionable in our sole discretion.

We may preserve and store your account information and Content if we believe in good faith that such preservation may be necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of Draymatics, its Users and the public.

• You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to Draymatics. You agree to use Draymatics to post and receive communications and Content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not violate the privacy or publicity rights of others.
• You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
• You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
• You must not post, upload or link to anything that harvests or otherwise collects information about other Users or persons utilizing Draymatics, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without such Users’ or persons’ prior express consent in each instance.
• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time at our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
• You must not impersonate another person, group of people, or entity at any time, which includes not using anyone else’s username or password.
• You must not use Draymatics for any illegal, immoral, or unauthorized purpose.
• You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence. You acknowledge that you may not be able to access all or some of the Content and Draymatics outside of the United States and that access thereto may not be legal by certain persons or in certain countries. See Section 30 Geographic Restrictions, below, for additional information.
• You cannot modify, edit, or delete any Content and communications of Draymatics and/or of other individuals other than your own Content.
• You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in Draymatics.
• You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other Users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through Draymatics.
• You must not interfere with or disrupt Draymatics or servers or networks connected with Draymatics or disobey any requirements, procedures, policies or regulations of networks connected to Draymatics.
• You cannot create User or other member accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and/or posted Content is endorsed by us or our affiliates or otherwise affiliated with Draymatics.
• You must not retrieve, store or collect personal information about any User or person using Draymatics for any unauthorized purpose, and may not retrieve, store, or collect personal information about any User or person using Draymatics for any valid purpose without such User’s or person’s prior written consent in each instance (and acknowledgment that they are at least 18 years of age).
• You must not engage in any “spamming” of any kind, including without limitation ad spamming.
• You cannot use the Draymatics name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Draymatics or Dray is associated with, or endorses, or is in any way connected with you, your business, or your Content.

WHILE DRAY EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE DRAYMATICS ENTIRELY AT YOUR OWN RISK, AND THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY US IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, WE CAN TERMINATE YOUR USE OF DRAYMATICS IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

Draymatics may contain, or third parties including Draymatics Users may provide, links to other websites, apps, or resources, which are not maintained by or related to Dray. Links to such sites, apps, and/or resources are provided as a service to our Users and are not sponsored by, endorsed or otherwise affiliated with Draymatics. We have no control over the content of these sites, apps, and/or resources, and make no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained in, on, or by any such sites, apps, and/or resources. Therefore, you acknowledge and agree that we are not responsible for the availability of such links, resources and content, and do not endorse, and are not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked sites, apps, and/or resources. You also acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links. DRAY HAS THE RIGHT TO DISABLE ANY LINK WITH OR WITHOUT NOTICE TO YOU.

You agree not to, without the express prior written consent of Dray in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of Draymatics or Content or other information or materials of any kind that you do not own.

Dray reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Draymatics (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of Draymatics.

Personal and certain other information is subject to our Privacy Policy. As a condition of using Draymatics, you must agree to the terms of our Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at Privacy Policy. You agree that your use of Draymatics is subject to the Privacy Policy, and therefore, agree that you will not use Draymatics unless and until you review the Privacy Policy and agree with its terms in their entirety.

In order to use Draymatics in any capacity (whether as a user, service provider, vendor, or business, etc.) you are required to undergo our registration process as a “User.” Without limiting any other portion, obligation, or term of this TOS, you hereby agree to the following as a User:

• In consideration of your use of Draymatics, you represent that you have the capacity and are of legal age to form a binding contract, you are at least 18 years of age, and you are not a person barred from utilizing Draymatics under the laws of the United States or other applicable jurisdiction.
• You agree to provide true, accurate, current and complete information as required on Draymatics’s Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Dray has the right to suspend or terminate your account and refuse your current or future use of Draymatics (or any portion thereof).
• You agree that Dray may, under certain circumstances and without prior notice, immediately terminate your Draymatics account, any associated username and/or access to Draymatics. Cause for such termination shall include, but is not limited to: (i) a breach or violation of the TOS or other Draymatics policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Dray’s sole discretion and that Dray will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to Draymatics.
• You agree that your account is non-transferable and any rights to your account, password, username, and virtual currency or goods terminate upon your death or disability and/or termination of account for any reason.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact us immediately. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

You acknowledge that Dray may establish general practices and limits regarding use of Draymatics including, without limitation, the maximum number of messages which may be sent, received or posted from an account of Draymatics, the maximum size of any message that may be sent, received, or posted from an account of Draymatics, the maximum amount of disk space that will be allotted on Draymatics’s servers on your behalf, and the maximum number of times and duration for which you may access Draymatics in a given time. You agree that Dray has no responsibility or liability for the deletion or failure to store or transmit any messages, communications, posts or other content maintained or transmitted by Draymatics. You acknowledge and agree that Dray reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that we have the right to modify these practices and limits from time to time.

You acknowledge and agree that Draymatics and any necessary software, algorithms (e.g., matching algorithms), data, plugins, APIs, SDKs, and/or databases used in connection with Draymatics (collectively, “Software”) contain proprietary and confidential information that is the property of Dray and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of or to any of the Software used in connection with Draymatics is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through Draymatics or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by Dray, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Draymatics or the Software, in whole or in part, at any time. You also acknowledge our exclusive rights in the Draymatics trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on Draymatics are the property of Dray or the party that provided such intellectual property to or on Draymatics.

You may not use or authorize any party to co-brand or frame any part of Draymatics without the express prior written permission of an authorized representative of Dray. For purposes of this TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute Draymatics, in whole or in part, and/or any content accessible within Draymatics. For purposes of this TOS, “framing” refers to displaying any Draymatics webpage, Draymatics service or product, or app screen or frame, within a bordered area of another website or app, regardless of whether Draymatics’s website address, app link, and/or any other originating information is visible. You further agree to cease any unauthorized co- branding or framing immediately upon notice from us.

THE USE OF DRAYMATICS IS AT YOUR SOLE RISK. DRAYMATICS, INCLUDING BUT NOT LIMITED TO ANY AND ALL THIRD-PARTY COMPONENTS, SOFTWARE, PLUG-INS, OR SERVICES UTILIZED BY OR INCLUDED WITHIN DRAYMATICS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACCEPT THAT DRAY MAY USE ANY CONTENT OR DATA (INCLUDING PRICING OR SHIPPING DATA) PROVIDED BY YOU IN WHATEVER FORM (WHETHER VIA MESSAGE OR OTHERWISE) FOR ITS OWN COMMERCIAL PURPOSES AND/OR FOR THE COMMERICIAL BENEFIT OF ITSELF AND/OR ITS AFFILIATES AND RELATED COMPANIES WITHOUT LIMITATION OR RESTRICTION. ADDITIONALLY, AND WITHOUT LIMITING THE FOREGOING, DRAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO DRAYMATICS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DRAY MAKES NO WARRANTY THAT (1) DRAYMATICS OR OUR SERVICES OR PRODUCTS, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD-PARTIES AND/OR OTHER USERS VIA DRAYMATICS, WILL MEET YOUR REQUIREMENTS, (2) DRAYMATICS, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD-PARTIES, WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING DRAYMATICS, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD-PARTIES, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF DRAYMATICS, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD-PARTIES, WILL MEET YOUR EXPECTATIONS, OR (5) THAT DRAYMATICS’S SOFTWARE, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD-PARTIES, WILL WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES OR THAT DRAYMATICS’S SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN DRAYMATICS’S SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRAY OR THROUGH OR FROM DRAYMATICS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRAY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, RESULTING FROM THE USE OR THE INABILITY TO USE DRAYMATICS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING ADVERTISERS ON DRAYMATICS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DRAYMATICS, AND/OR ANY OTHER MATTER RELATING TO DRAYMATICS. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY AMOUNT OF MONEY OVER ONE HUNDRED U.S. DOLLARS ($100.00), WHICH YOU ACKNOWLEDGE TO BE A FAIR AND REASONABLE SUM IN THE EVENT OF ANY LOSS BY YOU OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSSES, OR ISSUES ARISING FROM THE USE, PERFORMANCE, OR FAILURE OF THIRD-PARTY COMPONENTS, SOFTWARE, PLUGINS, OR SERVICES INCORPORATED WITHIN OR UTILIZED BY DRAYMATICS (COLLECTIVELY, “THIRD-PARTY COMPONENTS”). ALL THIRD- PARTY SOFTWARE OR SERVICES ARE PROVIDED ‘AS-IS’ AND ARE GOVERNED BY THEIR RESPECTIVE EULAS, TO WHICH YOU MUST SEPARATELY AGREE. DRAY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY AND ALL THIRD-PARTY COMPONENTS AND ANY ISSUES THAT ARISE AS A RESULT OF THEIR USE.

If you receive or request any news, messages, or other information from Draymatics concerning stock quotes, companies, investments, or securities, remember that Draymatics is provided for entertainment purposes only, and no Content included or information made available by Draymatics is intended for trading or investing purposes. Dray and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via Draymatics, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any Users or other persons using Draymatics based on such information or Content.

We caution you against giving out any personally identifying information about yourself, your children, or any other person in or via Draymatics. In an effort to preserve your privacy, Dray agrees that it will treat any personally identifying information that you submit through Draymatics in accordance with the terms outlined in our Privacy Policy.

Dray reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Dray reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Dray to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials. Dray may or may not notify you in connection with any such inquiry and shall have no duty to disclose to you any information pertaining thereto, and shall not be liable to you in connection with any non-disclosure to you.

BY ACCEPTING THIS TOS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD DRAY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR OWN INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR ANY LAW ENFORCEMENT AND/OR REGULATORY AUTHORITIES.

Any passwords used for Draymatics are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Dray may require that you change your password. You are prohibited from using any services or facilities provided in connection with Draymatics to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Dray reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Dray reserves the right to investigate suspected violations of this TOS.

The Content and Draymatics are based in the state of Texas in the United States and intended for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Draymatics outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

Dray may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Dray has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:

• Draymatics will automatically download and install all available Updates; or
• you may receive notice of or be prompted to download and install available Updates.

You agree to promptly download and install all Updates and acknowledge and agree that Draymatics or portions thereof may not properly operate should you fail to do so. You also agree that all Updates will be deemed part of Draymatics and be subject to all terms and conditions of this TOS.

You agree to indemnify, defend, and hold Dray, including its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of Draymatics in violation of these TOS and/or your violation of any rights of another person or any applicable law, rule or regulation.

• The term of this TOS commences upon the earlier of when you a) download, install, and/or use Draymatics or b) acknowledge your acceptance of the TOS. The term of this TOS will continue in effect until terminated by you or Dray as set forth in this Section 33.
• You may terminate this TOS by both 1) deleting your account on or with Draymatics, and 2) deleting any and all copies of and information and data related to Draymatics (including any cookies and/or browser, mobile device, or other app data) thereof from any devices used to access, use, monitor, or otherwise interact with Draymatics, including but not limited to any computers, laptops, mobile devices, tablets, servers, online or virtual accounts or computers, cloud-based storage systems or services, and/or phones (collectively, “Devices” and each a “Device”)
• Dray may terminate this TOS at any time without notice. In addition, your rights (but not your obligations) under this TOS will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this TOS.
• Upon termination:
  • all rights granted to you under this TOS will also terminate; and
  • you must deactivate or delete your Draymatics User account, cease all use of Draymatics, and delete all copies of Draymatics (including any data obtained from or belonging to Draymatics) from your Devices.
• Termination will not limit any of Dray’s rights or remedies under this TOS, or otherwise available under applicable law or pursuant to equity.

This TOS is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this TOS or Draymatics shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TOS OR DRAYMATICS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

These TOS govern the terms and conditions of your use of Draymatics, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dray with respect to Draymatics. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of Draymatics, affiliate or advertiser services, third-party content or third-party software. Dray may revise these TOS at any time by updating this TOS. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of Draymatics after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to this TOS.

The failure of Dray to exercise or enforce any right or provision of this TOS shall not operate as a waiver of such right or provision. Any waiver of the TOS by Dray must be in writing and signed by an authorized representative of Dray to be effective.

If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect. Please immediately report any violations of these TOS to Dray at support@draymatics.com

Certain components of our services may be governed by third-party End-User License Agreements (collectively “EULAs,” and each individually a “EULA”), including but not limited to those provided by Google maps, Sendbird, Sendgrid, Stripe, Help Scout, Sentry, NewRelic, Amazon Web Services, Tango and Better Stacks. By using these components, you agree to comply with the terms of the applicable EULA for any such third-party components, software, plugins, and/or services (collectively, for the purposes of this Section 37, “Third-Party Components”). You can find a list of the EULAs for those Third-Party Components here. Dray disclaims any responsibility for the terms, enforcement, or any updates to these EULAs, which are maintained by the respective third parties. Additionally, and without limiting the foregoing, Dray disclaims any responsibility for the terms, performance, security, or functionality of any and all Third-Party Components and is not liable for any damages, breaches, or issues resulting from their use. Your use of the Third-Party Components is at your own risk and is governed solely by the EULAs of those third parties.