Terms and Conditions of Use
Last Updated: 11/19/2024
Welcome to My Dray Rate ("we", "us", "our"). By accessing or using our website, software, or services (collectively referred to as the "Service"), you ("User", "you", "your") agree to comply with and be bound by these Terms and Conditions (the "Agreement"). If you do not agree to these terms, you should not use or access the Service. Your continued use of the Service constitutes your (a) acknowledgment of these Terms; and (b) agreement to abide by and be bound by these terms and conditions.
We reserve the right to modify, alter, or update these Terms at any time without prior notice. It is your responsibility to review these Terms periodically. Continued use of the Service after any changes constitutes your acceptance of the revised Terms. The most current version of these Terms can be reviewed by clicking on the “Terms and Conditions” link on the Service pages.
1. Use of the Service
You may access the Service only for your internal business or personal use. You agree not to use the Service for any unlawful, fraudulent, or harmful activity. Specifically, you may not:
- License, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the Service in any way.
- Modify or create derivative works of the Service.
- Use the Service to monitor its availability, performance, or functionality for benchmarking or competitive purposes.
- Reverse engineer the Service or attempt to build a competitive product or service.
- Create links to the Service, or “frame” or “mirror” any portion of the Service on other websites or servers.
You also agree not to send spam, store or transmit infringing, unlawful, or harmful content, including software viruses, or attempt to gain unauthorized access to the Service or its related systems.
You may not use the Service in a manner that exceeds normal business or personal use, including but not limited to setting up multiple accounts that share common contact information or represent multiple carriers.
2. Intellectual Property
All content, features, and functionality of the Service, including but not limited to the design, text, graphics, logos, and software, are owned by My Dray Rate or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Except as explicitly stated in these Terms, you are not granted any rights to the intellectual property of My Dray Rate or its affiliates. You may not copy, redistribute, or reproduce any portion of the Service without prior written permission.
By submitting ideas, feedback, or suggestions to My Dray Rate, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and implement such feedback in connection with our business.
3. Account Registration and Security
You may be required to create an account to access certain features of the Service. You agree to provide accurate, current, and complete information when registering for an account and to keep your account information up-to-date.
You are responsible for maintaining the confidentiality of your username, password, and account information, and for all activities that occur under your account. If you become aware of any unauthorized access or use of your account, you must notify us immediately.
4. Subscription Fees and Payments
Certain features of the Service may require a paid subscription. By subscribing to such services, you agree to pay the applicable fees, which will be billed according to the subscription plan you select. Fees are due in advance and are non-refundable, except where required by law.
My Dray Rate reserves the right to modify its pricing or subscription plans, and we will provide notice of any changes to you in advance. If you are using a free plan, we may request that you upgrade to a paid plan if we determine that you are using the free plan in a manner that violates these Terms.
5. Privacy Policy
Your use of the Service is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal and business information. By using the Service, you consent to the practices described in the Privacy Policy. We may update the Privacy Policy from time to time, and any changes will be communicated through the Service.
6. Representations and Warranties
You represent and warrant that:
- You have the legal authority to accept and abide by these Terms.
- The information you provide is accurate and truthful.
- Your use of the Service will not violate any laws, regulations, or third-party rights.
My Dray Rate makes no warranties that the Service will meet your expectations, be uninterrupted, or error-free. The Service is provided "as is" and we disclaim all warranties, express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
7. Indemnification
You agree to indemnify and hold harmless My Dray Rate, its affiliates, employees, and agents from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
8. Limitation of Liability
To the fullest extent permitted by law, My Dray Rate shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Service, or any content obtained through the Service.
Our liability to you will be limited to the amount you paid for the Service during the 12-month period preceding the claim.
9. Termination of Use
We reserve the right to suspend or terminate your access to the Service at our sole discretion, for any reason, including but not limited to violation of these Terms. If we suspend or terminate your account, you may lose access to certain data or content.
You may terminate your account at any time by notifying us in writing, and your access will cease at the end of the current billing cycle.
10. Third-Party Links
The Service may contain links to third-party websites. We are not responsible for the content or availability of these sites, and the inclusion of links does not imply endorsement. You access third-party sites at your own risk.
11. Dispute Resolution and Governing Law
These Terms are governed by the laws of Florida, USA, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms will be resolved in the courts of Florida, USA.
12. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remainder will remain in effect.
- Entire Agreement: These Terms represent the entire agreement between you and My Dray Rate concerning your use of the Service.
- Force Majeure: We are not responsible for any delay or failure to perform caused by circumstances beyond our control, including natural disasters, technical issues, or acts of government.
13. Modification of Terms
We may update these Terms from time to time. You will be notified of any changes, and your continued use of the Service will constitute your acceptance of the updated Terms.
14. Contact Information
If you have any questions or concerns about these Terms or the Service, please contact us at:
My Dray Rate
Email: frank.caputo@mydrayrate.com
Phone: 915-525-8648
