PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS.

These Terms govern your access to and use of our website (www.buildtrayd.com) and dependent pages (the “Site”) as a user. By accessing and using our Site, you agree to these Terms. We may update the Terms at any time by posting an amended version on this Site including the effective date of the updated version. By accessing the Site after we make such changes, you will be deemed to have agreed to such changes. Please check the Terms regularly, and before you submit personal information via the Site or otherwise use the Site. If you do not agree to these Terms, please do not use this Site.

Intellectual Property

The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Trayd, Inc., its successors and assigns (“Trayd”). The collective work includes works that are licensed to Trayd, Inc. Copyright 2023. Trayd owns all right, title and interest, including patent, copyright, trade secret, trademark, service marks, trade names and other proprietary registered and unregistered rights, in and to the Site and its software, applications, systems, functionality, appearance, text, video, audio, graphics, photographs and content used by Trayd on the Site. All rights in the Site, including but not limited to, rights in intellectual property therein, confidential and trade secret material, source code, object code, trademarks, service marks, patents, copyrights and logos, and technologies, formulas, databases, data analytics, algorithms, designs, content, graphics, video, audio, benchmarks or processes developed or provided by Trayd shall be and will remain the sole and exclusive property of Trayd.

Prohibited Uses

User is granted only a limited, revocable, non-exclusive, non-transferable license for personal access and use of the Site. User is not permitted to make any commercial use of the Site. User will not and will not permit, assist, facilitate or encourage others to: (a) modify, publish, translate, reverse engineer, reverse compile, disassemble, translate, or create derivative or collective works from the Site or any portion thereof; (b) copy, reproduce, transmit, scrape or distribute the Site, including through the use of a robot, spider or other automatic means; (c) license, sell, resell, lease or otherwise distribute or grant access to third parties to the Site; (d) create malicious software products, tools, designs, instructions or technologies that negatively impact the Site’s performance, functionality, or interoperability with other applications; (e) circumvent any technological measure that controls access to the Site or any part thereof; (f) remove or obfuscate any proprietary notices or labels on the Site; or (g) use the Site for any unlawful or improper purpose, including but not limited to solicit others to perform unlawful acts or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected basis.

Limited Personal Copies. 

Permission is granted to electronically copy and print limited hard copy portions of this Site for the sole purpose of contacting Trayd in connection with a demo or placing an order. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print limited portions of the material from the different areas of the Site solely for your own personal non-commercial use, or to contact or place an order with Trayd. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless expressly authorized by Trayd in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, This site IS provided ON AN "AS IS" AND “AS AVAILABLE BASIS.” TRAYD SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. TRAYD MAKES NO WARRANTY THAT THE SITE OR ANY RESULTS DERIVED THEREFROM WILL BE UNINTERRUPTED, SECURE, COMPLETE, ACCURATE OR ERROR-FREE. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Trayd AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OWNERS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST INCOME, LOST PROFIT, LOSS OF USE OF THE SITE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, DOWNTIME COSTS, LOST OPPORTUNITIES OR ANY DAMAGES DUE TO USE, MISUSE OR INTERPRETATION OF INFORMATION CONTAINED OR NOT CONTAINED IN THE SITE), EVEN IF TRAYD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAYD SHALL HAVE NO LIABILITY TO END-USER FOR ANY REASON WHATSOEVER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Trayd and ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OWNERS, SUCCESSORS AND ASSIGNS from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms.

Choice of Law and Venue

These Terms shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions, and the venue and jurisdiction for any legal action to resolve disputes concerning these Terms shall be in the State and/or Federal Courts of the State of New York.

Use of Site

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Trayd or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk. We are not responsible for the accuracy or completeness of any third party material posted or made available on this Site, including through links to content. Any reliance on third party material on this Site is at your own risk.

Participation Disclaimer/Social Media and Other Postings

Trayd does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Trayd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Trayd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Trayd in its sole discretion.

We do not claim ownership of User generated content. User generated materials, such as communications, posts, comments, feedback, suggestions, ideas, audio, video, photographs, data or other content that you submit on or through the Site (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting User Content, you grant to Trayd a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, sell, display, transmit, publish, host, and otherwise use User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein) for any commercial or noncommercial purpose, including but not limited to for any marketing purposes without further notice to you. Trayd retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By submitting or posting User Content on the Site, you represent and warrant that: (i) you have all rights in and to the User Content, and the right to grant all of the rights and licenses provided for herein; (ii) you are 18 years of age or older; and (v) the User Content does not contain any unlawful, stolen or defamatory content and does not violate any individuals’ privacy rights. You are solely and exclusively responsible for the User Content and you hereby agree to indemnify and hold Trayd and its owners, employees, agents, affiliates, suppliers, licensors, contractors, service providers, assigns and successors harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with your posting of User Content.

Third-Party Links

In an attempt to provide increased value to our visitors, Trayd may link to websites operated by third parties. However, even if the third party is affiliated with Trayd, Trayd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Trayd. These linked sites are only for your convenience and therefore you access them at your own risk. Trayd takes no responsibility for the content and practices of third party websites.

Privacy Policy

Company’s privacy policy found here https://www.buildtrayd.com/privacy is expressly incorporated into these Terms by this reference.

Term; Termination

These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be amended or terminated by Trayd without notice at any time, for any reason. The provisions relating to Intellectual Property, Prohibited Uses, Warranty Disclaimer, Limitation of Liability, Indemnification, and PARTICIPATION DISCLAIMER/Social Media and Other Postings, PRIVACY POLICY, and Choice of Law and VENUE, shall survive any termination. Any other provision herein that by its nature is intended to survive shall also survive termination.

ACKNOWLEDGEMENT. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO AGREE TO THESE TERMS. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Effective: November 28, 2023

Last Updated: November 28, 2023