Terms & Conditions

DRAYING.IO TERMS OF SERVICE (THE “TERMS”) THESE TERMS FORM AN AGREEMENT BETWEEN YOU (“YOU”) AND DRAYING, INC. (“DRAYING”). PLEASE CAREFULLY READ THESE TERMS BEFORE ACTIVATING OR OTHERWISE USING DRAYING’S PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION: (I) ANY AND ALL SOFTWARE (“SOFTWARE”) AND TECHNOLOGY MADE AVAILABLE TO YOU BY DRAYING IN CONNECTION WITH DRAYING’S PRODUCTS AND SERVICES; (II) ANY AND ALL DATA, REPORTS, TEXT, IMAGES, AND OTHER CONTENT MADE AVAILABLE THROUGH DRAYING’S PRODUCTS AND SERVICES (THE “DRAYING CONTENT”); AND (III) ANY NEW FEATURES ADDED TO OR AUGMENTING THE DRAYING PRODUCTS AND SERVICES (COLLECTIVELY, THE DRAYING PRODUCTS AND SERVICES AND THE FOREGOING (I), (II), AND (III) ARE REFERRED TO HEREIN AS THE “DRAYING SOLUTIONS”). BY CLICKING ON THE BUTTON BELOW, PROCEEDING WITH ACCOUNT ACTIVATION, OR OTHERWISE USING THE ANY OR ALL OF THE DRAYING SOLUTIONS, YOU AGREE TO BE BOUND BY THESE TERMS AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE DRAYING SOLUTIONS THROUGH ALL PLATFORMS. YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. DRAYING MAY ADD TO, DELETE, OR CHANGE THESE TERMS WITHOUT NOTICE TO YOU AND YOUR CONTINUED USE OF THE DRAYING SOLUTIONS CONSTITUTES YOUR AGREEMENT TO ALL SUCH CHANGES. License Grant. Subject to your compliance with these Terms and only while these Terms are in effect: (i) You may access and use Draying Solutions only for your internal business purposes, and (ii) Draying hereby grants You a non-transferable, non-sublicensable, and non-exclusive right and license (“License”) to use the object code of any Software solely for your internal business purposes solely in connection with your internal use of Draying Solutions. Ownership. All rights, title, and interest in and to Draying Solutions and its components (including, without limitation, all intellectual property rights) remain with and belong exclusively to Draying. Feedback and Information. Any feedback you provide shall be deemed to be non-confidential. Draying shall be free to use such information on an unrestricted basis. Restrictions and Your Obligations. You may not use the Draying Solutions for any purpose that is unlawful or to solicit the performance of any illegal activity or other activity which infringes the rights of Draying or others. You shall not, and shall not permit others to: (i) copy, reproduce, modify, create a derivative work of, decompile, frame, mirror, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any right in the Draying Solutions, (ii) access Draying Solutions by any means other than through the interface that is provided by Draying for use in accessing Draying Solutions, (iii) resell, distribute, transmit, publicly display, or publicly perform the Draying Solutions, or any copy thereof, by transfer, lease, license, loan, or any other means, or make it available for use by others in any time-sharing, service bureau, or similar arrangement; (iv) use Draying Solutions or the in any manner that is not expressly permitted by these Terms, or to engage in any illegal activity, or (v) modify, translate, adapt, or create derivative works from the Draying Solutions. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Draying or any third party is granted to You in connection with Draying Solutions. You shall notify Draying immediately of any unauthorized use of any password or account or any other known or suspected breach of security or misuse of Draying Solutions. You are responsible for use of Draying Solutions by all employees, contractors, or other users that You allow to access Draying Solutions or any portion thereof. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Draying Solutions, or in any way reproduce or circumvent the navigational structure or presentation of the Draying Solutions, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Draying Solutions. You may not attempt to gain unauthorized access to any portion or feature of the Draying Solutions, Draying’s systems or networks, or any systems or networks connected to the Draying Solutions or Draying. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Draying Solutions, Draying’s systems or networks, or any systems or networks connected to the Draying Solutions or Draying. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Draying Solutions, Draying’s systems or networks, or any systems or networks connected to the Draying Solutions or Draying. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Draying Solutions or any transaction being conducted on the Draying Solutions, or with any other person’s use of the Draying Solutions. You may not probe, scan, or test the vulnerability of the Draying Solutions or any network connected to the Draying Solutions, nor breach the security or authentication measures on the Draying Solutions or any network connected to the Draying Solutions. You may not reverse look-up, trace or seek to trace any information on any other user of the Draying Solutions, or any other customer of Draying, including, without limitation, any Draying account not owned by you, to its source, or exploit the Draying Solutions, in any way where the purpose is to reveal any private information. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Draying on or through the Draying Solutions. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to Draying, for which monetary damages would be inadequate, and You consent to Draying obtaining any injunctive or equitable relief that Draying deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Draying may have at law or in equity. Your Content. You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that You upload, post, deliver, provide, or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to Draying Solutions (“Your Content”). By posting Your Content on or through Draying Solutions, You hereby grant Draying a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content in connection with Draying Solutions. You further agree that Draying may remove or disable any You Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to the Your Content), or for no reason at all. You hereby represent and warrant that: (i) You owns all Your Content or has obtained all permissions, releases, rights, or licenses required to engage in Your posting and other activities (and allow Draying to perform its obligations) in connection with Draying Solutions without obtaining any further releases or consents; and (ii) Your Content and Your other activities in connection with Draying Solutions, and Draying’s exercise of all rights and license granted by You herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing. You acknowledge that You bears sole responsibility for adequate security, protection, and backup of Your Content. Draying will have no liability to You for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content. Fees. You agree to pay all fees invoiced to You for the Draying Solutions and all associated tax. These Terms also incorporate by reference all payment-related agreements that You may have entered into with Draying. All fees owed and amounts paid to Draying are non-cancellable and nonrefundable. Termination. Draying reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Draying Solutions, or any portion of the Draying Solutions, for any reason; (b) to modify or change the Draying Solutions, or any portion of the Draying Solutions, and any applicable policies or terms; and (c) to interrupt the operation of the Draying Solutions, or any portion of the Draying Solutions, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Without limiting the generality of the foregoing, You agree that Draying may, in its sole discretion and without prior notice terminate your access to the Draying Solutions and/or block your future access to the Draying Solutions: (a) if Draying determines that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Draying Solutions; or (b) as a result of: (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Draying Solutions; or (4) unexpected technical issues or problems. Upon termination or expiration of these Terms: (i) all licenses (including the License) granted by Draying hereunder and all obligations of Draying to provide Draying Solutions shall immediately terminate and You shall immediately return the Software in its possession or control, (ii) all of the Your Content on Draying Solutions (if any) may be permanently deleted by Draying. Within ten (10) days after the effective date of termination, You shall pay all remaining amounts owed for the Draying Solutions, including, without limitation, for the remainder of any committed term of service or subscription period. All provisions that by their nature survive the termination or expiration of these Terms shall survive. Additional Terms. Additional terms and conditions may apply to specific portions of the Draying Solutions, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for a specific portion of the Draying Solutions, the latter terms shall control with respect to your use of that portion of the Draying Solutions. Links to Other Sites. This Draying Solutions may contain links to other third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Draying’s control, and Draying is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Privacy. Draying’s Privacy Policy applies to use of the Draying Solutions, and its terms are made a part of these Terms by this reference. To view Draying’s Privacy Policy, visit https://www.draying.io/ privacy-policy-fulton. Additionally, by using the Draying Solutions, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Draying Solutions may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Accounts, Passwords and Security. Certain features or services offered on or through the Draying Solutions may require you to open an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Draying immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Draying or any other user of or visitor to the Draying Solutions due to someone else using your user ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s user ID, password, or account at any time. Maintenance. The Draying Solutions may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance. Draying shall use reasonable efforts to provide advance notice in writing or by email of any Draying Solutions disruption. Draying shall not be liable for any such unavailability or disruption of the Draying Solutions. DISCLAIMERS. DRAYING SOLUTIONS, INCLUDING THE SOFTWARE AND DRAYING SOLUTIONS CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND DRAYING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT DRAYING DOES NOT WARRANT THAT DRAYING SOLUTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DRAYING SOLUTIONS, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM DRAYING OR THROUGH DRAYING SOLUTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. DRAYING SOLUTIONS IS NOT A CARRIER OR SHIPPER AND YOU HEREBY RELEASE DRAYING AND ITS AFFILIATES FROM AND AGAINST, AND AGREE TO HOLD DRAYING AND ITS AFFILIATES HARMLESS FROM AND AGAINST, ANY AND ALL CLAIMS AND LIABILITY ARISING FROM OR RELATED TO ANY LOSS, DAMAGE, OR DESTRUCTION OF ANY SHIPMENTS, CARGO, OR PACKAGES. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL DRAYING BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES, OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES IN EXCESS OF ONE HUNDRED ($100) U.S. DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, DRAYING’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF DRAYING DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, DRAYING WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO DRAYING. YOU AGREE THAT DRAYING WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE DRAYING SOLUTIONS AS A RESULT OF ANY VIOLATION OF THESE TERMS. Indemnification. You shall defend, indemnify, and hold harmless Draying and its affiliates from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from: (a) your breach of these Terms, (b) Your Content, or (c) Your access, contribution to, use, or misuse of Draying Solutions. Draying shall provide notice to You of any such claim, suit, or demand. Draying reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Draying’s defense of such matter. U.S. Government Matters. You may not remove or export from the United States or allow the export or re-export of the Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

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