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MOTAR Terms Of Use

Acceptance of the Terms of Use

Dynepic, Inc. (referred herein as "Dynepic", "we" or "us") is offering this MOTAR Live Platform (referred herein as “MOTAR”, “MOTAR Live”, “MOTAR Platform, or “Platform”) as a software as a service (SaaS) for US Government (“USG”) personnel, its “Contractors” as defined by an individual or entity under contract with the USG and in limited cases, Foreign students. The Platform has a cloud impact level four (IL4) Authorization to Operate (ATO) maintained by US Air Force (USAF) Air Education and Training Command (AETC) Force Development.

The following terms and conditions, together with any documents they expressly or impliedly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Platform and related technology, including any content, functionality and services offered on or through the Platform, whether as a guest or as a registered user. The Platform is offered and made available to users who are over the age of 18 years old and who are residents of the United States.

When submitting a request for an account and subsequently logging into the Platform, USG and Contractor account holders affirm that they are United States (US) Citizens. If a user is NOT a US Citizen, you are not allowed to use the Platform under anything but a Foreign student role with very limited access. By using the Platform, you hereby represent and warrant that you are of a legal age to form a binding contract with Dynepic, you have a valid license agreement in place, and that you meet all of the foregoing eligibility requirements.

PLEASE NOTE: The Platform is offered through license to the USAF. All users must accept the Consent Policy upon login, and agree to this Terms of Use and the User Agreement.

By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by this Terms of Use and that you have the authority to be bound by these Terms of Use, on the device belonging to you and/or the organization for which you are an employee or agent.

If you do not want to agree to these Terms of Use, User Agreement, or Consent Policy, you are prohibited from accessing or using the Platform. Please send an email to motar@dynepic.com to delete your account on the Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. We will update the Last Modified Date indicated below to reflect the date of the last change. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Platform so you are aware of any changes, as they are binding on you. We may also provide notice to you of revised Terms of Use upon entry to the Platform as displayed or via other communications (e.g., electronic mail). You acknowledge and agree that it is your responsibility to check these Terms of Use each time you access the Platform so that you can make yourself aware of any changes hereof, which are binding upon you.

Accessing the App and Account Security

We reserve the right to withdraw or amend the Platform, associated authentication service, and any service or material we provide on or through the Platform, in our sole discretion without notice. While we strive to keep the Platform up and operational, we will not be liable if, for any reason, all or any part of the Platform or authentication are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Platform,
Ensuring that all persons who access the Platform through your Internet connection are authorized to and are aware of these Terms of Use and comply with them, and
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Accessing Accounts From the Platform

If you choose, or are provided with, usernames, passwords or any other piece of information as part of our security procedures and to access one or more portals or accounts on the Platform, you must treat such information as confidential, and you must not disclose them to any other person or entity. You also acknowledge that your accounts are personal to you and agree not to provide any other person with access to the Platform or portions of it using your usernames, passwords or other security information. You agree to notify us immediately of any unauthorized access to or use of your usernames or passwords or any other breach of security. You also agree to ensure that you exit from your accounts at the end of each session. You should use particular caution when accessing your accounts from a public or shared device (computer, smart phone, etc.) so that others are not able to view or record your passwords or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property

The Platform, its features and functionality, including the design, selection, and arrangement of the Platform, are owned by Dynepic, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Platform only for the purpose of use of the platform as a vendor in accordance with roles/permissions. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:

As allowed under by the content permissions on the Platform provided you keep all content within the Platform;
Your computer or authorized mobile device may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials; and
You may store files that are automatically cached by your web browser for display enhancement purposes.

Except as permitted by prior written agreement by Dynepic, you must not access or use for any non-USG purposes any part of the Platform or any services or materials available through the Platform. If you wish to make any use of the Platform other than that set out in this section, please address your request to: motar@dynepic.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Software License, Terms of Use or User Agreement, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by Dynepic. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The 'DYNEPIC' name and ‘MOTAR’ name, and all related names, logos, and service names, trade dress, designs and slogans are trademarks of Dynepic or its affiliates or licensors. You must not use such marks without the prior written permission of Dynepic. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners. By registering for an account on the Platform via any method, you are agreeing that your Platform published Hub listing cards and organization/company entity names, to include app icons, logos, etc., may be used by Dynepic for marketing and promotion.

Use of the Site

Dynepic hereby grants you permission to use the Platform as set forth in these Terms of Use provided that you comply with the Terms of Use. Your use of the Platform is subject to all applicable laws, rules and regulations, and you are solely responsible for the contents of your communications through the Platform.

Prohibited Uses

You hereby acknowledge and agree not to use the Platform: (1) in any way that violates any applicable federal, state, local or international law or regulation, for any illegal purpose, or to submit, transmit or facilitate the distribution of information or content that is unlawful, illegal, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights,

harassing, libelous, threatening, or in a reasonable person’s view, objectionable, (2) for purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (3) to infringe on any patent, trademark, trade secret, copyright, rights of publicity, or other proprietary right of any party, (4) to send, receive, upload, download, use, or re-use any material that does not comply with these Terms of Use, (5) to transmit, or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation or any form of lottery or gambling, (6) to impersonate or attempt to impersonate Dynepic, a Dynepic employee, another user, or any other person or entity, or (7) to engage in any other conduct that restricts or inhibits anyone's use of the Platform, or which, as determined by us, may harm Dynepic or users of the Platform, or expose them to liability.

In addition to the foregoing, you agree not to: (a) use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in activities through the Platform, (b) use any robot, spider, script, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform, (c) use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent, (d) use any device, software, script, or routine that interferes with the proper working of the Platform, (e) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server(s) on which any portion of the Platform is stored or on which it relies, or any server, computer, or database connected to the Platform, (f) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack, (g) otherwise attempt to interfere with the proper working of the Platform, (h) decompile, disassemble, reverse engineer, reverse assemble, or otherwise extract and/or manipulate data from the Platform or any portion thereof or otherwise attempt to discover any source code, or (i) use the Platform in violation of applicable law.

You understand that the Platform is controlled using permissions and roles that are unique to each user account, based on your organization and affiliation with the government. It is your responsibility to ensure that your account has all of the permissions you should have, and not any permissions which you should not have. Please reference Permission and Roles (https://docs.motar.io/getting-started/about-motar-roles). It is also your responsibility to update us if, for any reason, your permissions or roles should be adjusted. For example, your access should be limited to ‘contractor’ or ‘public’ if you are no longer entitled to ‘government’ access.

The requirements above are intended so that Dynepic can fulfill its intended purpose of restricting access to sensitive information and making it available only to those users who are entitled to have access to it. In order to fulfill this purpose, Dynepic relies on several factors outside of its control, including the cooperation of its users. Accordingly, Dynepic cannot fully guarantee that it will fully meet its intended purpose at all times. You agree to hold Dynepic harmless in this regard.

If you believe that content has been posted to or sent via the Platform that violates these Terms of Use, please notify us via email at motar@dynepic.com. If less urgent, listings on the Platform can be flagged for moderation by Dynepic admins. We may, but typically will not, acknowledge receipt of your complaint. You agree that Dynepic cannot and will not act as arbiter of disputes arising from third party communications or transmission involving the Platform, but will take only such actions that we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by content uploaded to this Platform, please follow our complaint process below (in the “Copyright Infringement” section).

User Contributions

The Platform may contain account information, profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform. All User Contributions must comply with the standards set out in these Terms of Use.

Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose according to your account settings.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Dynepic, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

Take any action that we deem necessary or appropriate in our sole discretion, including if we believe that your conduct violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for Dynepic;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform;
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS DYNEPIC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DYNEPIC/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DYNEPIC/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any content on the Platform violates or infringes upon yours or a third party's intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please flag the content using “report listing” feature on the Platform for us to consider and respond to your complaint. Alternatively you may email us at motar@dynepic.com. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform includes content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Dynepic, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Dynepic. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Security

You agree not to share your login credentials with anyone else and to take the appropriate precautions to make sure your login credentials do not become known to anyone else. You further agree to inform Dynepic immediately if you suspect or discover that your login credentials have been compromised. Please contact us at motar@dynepic.com. Similarly, you agree to keep confidential any information you gain access to using the Platform and to inform Dynepic immediately if you suspect or discover that such confidential information has been improperly disseminated or shared with others.

You agree not to knowingly link any application to the Platform or upload any content to the Platform that is malicious, such as content that may be infected with malware, ransomware, or other similar programs, or cause the Platform to become more vulnerable to the same. You further agree to alert Dynepic immediately at motar@dynepic.com if you suspect or discover that any linked application or content loaded by you or your organization or caused to be loaded by you or your organization is malicious or likely to be malicious.

Further, you agree to not share your company specific client identification and secrets outside your organization since each organization requires their own license to use the Platform. Additionally, you agree that your application will NOT leak personally identifiable information (PII) of any individual and you agree to only store app related data against your application specific user identifier. In no way are you allowed to or authorized without explicit written permission to store any other user data such as but not limited to (user names, Full Name, nationality, DoB, email addresses, EDIPI, etc.).

Geographic Restrictions

We provide the Platform for use by residents located in the United States of America or at authorized USG installations and operating locations overseas and specifically authorized USG allies. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States of America. Access to the Platform may not be legal by certain persons or in certain countries outside of the United States. If you access the Platform from outside of the United States of America, you do so on your own initiative and are solely responsible for compliance with local and USG laws, including OPSEC requirements.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Platform will be 100% free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP OR WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, INCLUDING ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, IS PROVIDED ON AN "AS IS" AND "AS

AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DYNEPIC NOR ANY PERSON ASSOCIATED WITH DYNEPIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER DYNEPIC NOR ANYONE ASSOCIATED WITH DYNEPIC REPRESENTS OR WARRANTS THAT THE APP PLATFORM ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DYNEPIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

IN NO EVENT WILL DYNEPIC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY APPS OR WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, APPS OR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, APPS OR WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless Dynepic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be 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, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada in each case located in the Reno and County of Washoe although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Dynepic of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dynepic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such

that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use (as defined above to include all documents expressly or impliedly incorporated herein by reference) and any Software Licenses provided constitute the sole and entire agreement between you and Dynepic with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Contact Us

If you have any questions or concerns about these Terms of Use or would like to provide notice to us regarding an issue covered within these Terms of Use, please contact us:

Via email at: motar@dynepic.com
Via mail at: 900 Blue Spruce Rd, Reno, NV 89511
Or by telephone at: 843-580-3939

These Terms of Use were last modified on July 27, 2023.