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.
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.
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,
Accessing Accounts From the Platform
- 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: email@example.com.
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
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,
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.
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
- 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:
- 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;
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.
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 firstname.lastname@example.org. 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.
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 email@example.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 firstname.lastname@example.org 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.).
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.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Via email at: email@example.com
Via mail at: 900 Blue Spruce Rd, Reno, NV 89511
Or by telephone at: 843-580-3939