Terms of Use

Terms of Use Agreement

[PLEASE READ THESE TERMS OF USE CAREFULLY AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT/AGREE" BUTTON AT THE BOTTOM OF THIS WEB PAGE. ACCEPTANCE OF THESE TERMS OF USE MEANS THAT YOU ARE BOUND BY THE TERMS OF THESE TERMS OF USE.  YOU MAY NOT ACCESS OR USE DRYFTBOARD.COM, INCLUDING ANY CONTENT, FUNCTIONALITY, OR SERVICES OFFERED ON OR THROUGH DRYFTBOARD.COM OR PURCHASE ANY PRODUCTS UNLESS YOU ACCEPT THESE TERMS OF USE.  YOU MAY PRINT THE WEB PAGE CONTAINING THESE TERMS OF USE OR SAVE IT AS A FILE ON YOUR COMPUTER FOR YOUR REFERENCE.]

  1. INTRODUCTION

These terms of use are entered into by and between you and Dryft Board, LLC, doing business as Dryft1 (“Dryft1”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of DRYFTBOARD.COM, including any content, functionality, or services offered on or through DRYFTBOARD.COM (the “Site”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site.

Dryft1 values the privacy of our users and recognizes the importance of protecting personal information. We have a Privacy Policy in place that outlines how we collect, use, and disclose your personal information. By using the Site 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 these Terms of Use and our Privacy Policy, found in our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

The Site is offered and available to users who are located in the United States or any of its territories or possessions and are at least 18 years old except for the following states where users must be the age noted as follows to access or use the Site: Alabama (19 years old), Nebraska (19 years old), and Mississippi (21 years old). By accessing or using the Site, you represent and warrant that you are of legal age to form a binding contract with Dryft1 and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

a. Dispute Resolution; Arbitration Agreement; Waiver of the Right to a Jury

THESE TERMS OF USE MANDATE THAT ANY DISPUTES BETWEEN YOU AND DRYFT1 WILL BE SETTLED THROUGH BINDING ARBITRATION. BY AGREEING, YOU RELINQUISH YOUR RIGHT TO A COURT TRIAL (INCLUDING CLASS-ACTION LAWSUITS) EXCEPT IN SMALL CLAIMS COURT SCENARIOS. A NEUTRAL ARBITRATOR, RATHER THAN A JUDGE OR JURY, WILL DECIDE YOUR RIGHTS, AND YOU CANNOT FILE CLAIMS AS PART OF A CLASS ACTION. FOR FURTHER DETAILS, SEE THE DISPUTE RESOLUTION SECTION BELOW,

Who We Are and How to Contact Us

Should you encounter issues, have questions or need to contact Dryft1, please refer to our FAQ pages or Contact Us using the website. Unless informed otherwise, we will send notices to the contact details provided by you.

  1. 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 any revisions or updates and apply to all access to and use of the Site thereafter. Your continued access and use of the Site 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 or use the Site so you are aware of any changes, as they are binding on you.

However, any changes to the dispute resolution provisions set out in Dispute Resolution will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

  1. ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site. Dryft1 holds the right, at its own discretion, to terminate your access to some or all parts of the Site, with or without cause, and with or without notice.

You are responsible for both:

  1. Making all arrangements necessary for you to have access to the Site.
  2. Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access or use the Site 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 access to and use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out and exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password 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.

  1. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP OF CONTENT

The Site and its entire contents, features, and functionality (including, but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Content”) are owned by Dryft1, its affiliates, licensors, or material providers (unless explicitly stated otherwise) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not:

  • Modify copies of any materials from the Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request here.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to access and use the Site will stop 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 Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by Dryft1. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

a. TRADEMARKS

DRYFT1 and DRYFT branding, the stylized DRFYT1, DRYFT, and logos, and all related names, logos, symbols, product and service names and designations, designs and slogans are trademarks belonging to DRYFT1, or its affiliates, or licensors.  All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

  1. USES AND PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. These Terms of Use permit you to use the Site for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose 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.

To send, knowingly receive, upload, download, use, or re-use any material that in any manner does not comply with these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material without Dryft1’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate Dryft1, a Dryft1 employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Dryft1 or users of the Site, or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without Dryft1’s prior written consent.

Use any device, software, or routine that interferes with the proper working of the Site.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Site.

  1. SITE SECURITY

Violating or attempting to violate the security of the Site is strictly forbidden. This includes, but is not limited to, accessing unauthorized data, attempting to breach a system, testing network vulnerabilities without authorization, interfering with service via methods such as viruses, denial-of-service attacks, overloading, flooding, spamming, or crashing, sending unsolicited emails (including promotions), or forging any email header information. Breaches of network security may result in civil or criminal charges. Dryft1 will investigate such incidents and may collaborate with law enforcement to prosecute violators. You agree not to utilize any device, software, or routine to disrupt the proper functioning of the Site. Access may be monitored as outlined in our Privacy Policy.

  1. GEOGRAPHIC RESTRICTIONS

Dryft1 is a registered limited liability company in the State of Delaware.  We provide the Site for access or use only by persons located in the United States or any of its territories or possessions. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States or any of its territories or possessions. Access to the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside the United States or any of its territories or possessions, you do so on your own initiative and are responsible for compliance with local laws.

  1. TRANSFERRING OWNERSHIP OF YOUR DRYFT1 PRODUCTS

Notify us of any product sale or transfer to discontinue related Dryft1 services. Tracking third-party users might be legally restricted. Your Dryft1 product data remains subject to our Privacy Policy and any updates to our Privacy Policy. We may offer you the option of transferring your existing Dryft1 services to a new owner, but we reserve the right to deny such requests at our discretion.

  1. OTHER USERS

These Terms of Sale extend to all individuals operating your Dryft1 product. You should not permit others to use your Dryft1 product or your Dryft1 account.  You bear full responsibility for the actions of anyone utilizing your Dryft1 product or your Dryft1 account, including their access to or use of the Dryft1 Site or Dryft1 App and their features, functionality and content.

  1. SUBMISSIONS, REVIEWS, FEEDBACK, AND OTHER POSTINGS TO THE SITE

When you submit, upload, post, or transmit feedback or data—such as ideas, concepts, know-how, techniques, processes, comments, suggestions, or questions regarding any Dryft1 product, service, or the Content of the Site (referred to as “Feedback”)—this information is considered non-confidential and non-proprietary. Dryft1 and its affiliates are not obligated to protect or maintain the confidentiality of such information.

The Site may offer features that allow you to submit, upload, post, or transmit data or files whether through message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Submissions”), which can include photos, videos, software, comments, or other messages. All Submissions are regarded as non-confidential and non-proprietary.  These Submissions must meet the requirements of these Terms of Use and the following standards regarding Submissions and Feedback.

By submitting Submissions or Feedback, you grant Dryft1 and its affiliates and its service providers, an irrevocable, perpetual, fully-paid, royalty-free license to use, reproduce, modify, perform, display, distribute and otherwise disclose your Submissions and Feedback to third parties for any purpose. You also authorize Dryft1 and its affiliates to use your name and likeness associated with any Submissions or Feedback submitted by you. You are responsible for ensuring that all Submissions or Feedback you originate or require are backed up to guarantee access in the event of loss, corruption, or interruption.

You represent and warrant that (a) you own or control all rights to the Submissions and Feedback and have the rights to grant the license to us and our affiliates, service providers, and other licensees, successors, and assigns; and (b) all of your Submissions and Feedback adhere to these Terms of Use. You understand and acknowledge that you bear full responsibility for any Submissions and Feedback you provide, including their legality, reliability, accuracy, and appropriateness. Dryft1 and its affiliates and service providers do not assume any responsibility or liability whatsoever to any third party for any Submissions or Feedback provided by you or any other user of the Site.

Submissions and Feedback must comply fully with all relevant federal, state, local, and international laws. Your Submissions and Feedback must not contain any content that is defamatory, abusive, libelous, violent, hateful, inflammatory, indecent, vulgar, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or otherwise objectionable or that could encourage criminal or unethical behavior. Furthermore, Submissions and Feedback must not promote sexually explicit or pornographic materials, violence, or discrimination based on race, gender, class, religion, ethnicity, nationality, disability, sexual orientation, age, or other classification; promote dangerous activities or misuse of Dryft1 products or services; infringe on any patent, trademark, trade secret, copyright, or intellectual property rights of any person or entity (including any confidential, non-public information about Dryft1 and/or Dryft1 products); contain viruses or any other harmful components; violate others’ legal rights (including rights of publicity and privacy) or contain material that may result in civil or criminal liability under applicable laws or that conflicts with these Terms of Use and/or Dryft1’s Privacy Policy; be deceptive, intended to cause annoyance or needless anxiety, or likely to upset, embarrass, alarm, or annoy others; endorse illegal activities or assist in any unlawful act; impersonate others, or misrepresent your identity or affiliation with any person or organization (including Dryft1); involve commercial activities or sales, unless specifically permitted by Dryft1 in writing; or give the false impression that they originate from or are endorsed by us or any other entity.

By using the Site or submitting Feedback or Submissions, you agree not to contact other users via unsolicited e-mail, phone calls, mailings, or other communication methods; engage in personal attacks or “flaming”; provoke negative responses from users (i.e., “trolling”); engage in disruptive activities, including persistent off-topic comments; include unauthorized links to third-party websites; or use abbreviations, symbols, or other methods to circumvent Dryft1’s content guidelines. You agree to defend, indemnify, and hold harmless Dryft1 and its affiliates, along with their officers, directors, employees, consultants, and agents, from any third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) related to Submissions or Feedback you post or allow to be posted on the Site.

Dryft1 does not tolerate intimidation or incitement to violence. We reserve the right to (1) remove or refuse to post any Submissions or Feedback at our sole discretion; (2) take actions against Submissions and Feedback that violate these Terms of Use, infringe on intellectual property, threaten safety, or create liability for Dryft1; (3) disclose your identity to third parties claiming intellectual property or privacy rights violations; (4) pursue legal action for illegal or unauthorized Site use; or (5) terminate or suspend your access to the Site for any reason, including terms violations.

We cooperate fully with law enforcement and court orders requesting user identity disclosure. YOU WAIVE AND HOLD HARMLESS DRYFT1, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND EQUITY OWNERS FROM CLAIMS ARISING FROM OR RELATING TO ACTIONS DURING OR RESULTING FROM OR RELATING TO INVESTIGATIONS BY EITHER THE AFOREMENTIONED PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Dryft1 and its affiliates reserve the right to monitor, edit, or remove Submissions or Feedback submitted to the Site. However, we do not routinely review Submissions or Feedback prior to posting and cannot ensure prompt removal of objectionable content. Thus, we assume no liability for actions or inactions regarding transmissions or content from users or third parties. We have no responsibility to anyone for performance or non-performance of activities described in this section.

We also encourage open and respectful communication among our users. This means that while we do not censor or monitor Submissions or Feedback before they are posted, we expect all users to adhere to basic standards of decency and respect when communicating on the Site.

In addition to these guidelines, please note that any opinions expressed by users on the Site are their own and do not necessarily reflect the views or opinions of Dryft1 or its affiliates. We do not endorse or support any specific opinions expressed by users.

If you believe that any Submissions or Feedback on our Site violate these guidelines, please contact us immediately so we can investigate and take appropriate action.

Thank you for being a part of the Dryft1 community and helping us maintain a positive and respectful environment for all users. Together, we can create an enjoyable experience for everyone on the Site. Happy exploring!

  1. IMPROVEMENT

In addition to providing a safe and respectful community for our users, Dryft1 also strives to constantly improve and enhance the user experience. We regularly gather feedback from our users through surveys, polls, and other forms of communication.

We also have a dedicated team that works on improving the functionality and design of the Site. Our goal is to provide a seamless and enjoyable experience for all users, regardless of their technology skills or device preferences.

As part of our commitment to continuous improvement, we also welcome suggestions and ideas from our users on how we can make the Site even better. Your input is considered Feedback and subject to all the terms and conditions and rights and obligations of Feedback under these Terms of Use. helps us shape the direction of Dryft1 and ensure that we are meeting the needs and expectations of our community.

We believe that by listening to our users and constantly striving for improvement, we can create a platform that truly serves the needs and interests of all individuals who use it. Thank you for being a part of this journey with us! So let’s continue to explore, connect, and learn together on Dryft1. Together, we can make a positive impact in the world through the power of technology and community. Happy exploring!

  1. COPYRIGHT INFRINGEMENT

We take copyright infringement claims seriously and address them in compliance with applicable laws. If you believe that any materials on or accessed from the Site infringe your copyright, you may request their removal by submitting a written notification to our designated Copyright Agent, as detailed below. According to the Digital Millennium Copyright Act (“DMCA”), specifically the Online Copyright Infringement Liability Limitation Act (17 U.S.C. § 512), your written notice (referred to as the “DMCA Notice”) should include the following key elements:

  • Your physical or electronic signature.
  • Details identifying the copyrighted work you claim has been infringed, or if multiple works are involved, a representative list of these works.
  • Information identifying the material you claim is infringing, described with sufficient precision so that we can locate it.
  • Adequate contact information, including your name, postal address, telephone number, and, if available, email address.

Additionally, include the following statements in your DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate, and under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent for receiving DMCA Notices is:

Thomas (TJ) Romano | Founding Partner

Kolitch Romano Dascenzo Gates

Intellectual Property Attorneys

621 SW Morrison Street #1100 | Portland, OR 97205 USA

Email: TJ@krdglaw.com

Please ensure you comply with all requirements of Section 512(c)(3) of the DMCA, as failure to do so may render your DMCA Notice ineffective.

Be aware that if you knowingly misrepresent that material or activity on the Site is infringing your copyright, you could be liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.

Repeat Offenders: We maintain a policy that, in appropriate situations, leads to the disabling or termination of access for users who are repeat infringers, including any related accounts or registrations required to access the Site.

  1. DISCLAIMERS; ACCURACY AND INTEGRITY OF INFORMATION; COLORS

While Dryft1 endeavors to maintain the accuracy and integrity of the Site, we make no representations, warranties, or guarantees about the correctness or accuracy of the Site and its content. The Site may contain typographical errors, inaccuracies, or other mistakes, and unauthorized additions, deletions, and alterations could occur due to third-party actions. The Site may occasionally be unavailable due to third-party failures. If you identify an error, please notify Dryft1 so we can address it. The information on the Site may change or be updated without notice.

The Site may reference third-party trademarks and include copyrighted or author’s rights-protected materials owned by third parties. Mention of any third-party product, process, publication, service, or offering by name, trademark, manufacturer, or otherwise does not imply endorsement or recommendation by Dryft1. Any unauthorized use or infringement of these third-party trademarks and materials is strictly prohibited.

The Site may contain or be accessible through external links, which are provided for convenience only. A link to a non-Dryft1 site does not imply Dryft1 endorsement or liability for its content or use. Affiliates and other third parties operate independently and are not Dryft1 agents. Accessing non-Dryft1 sites is at your own and sole risk and subject to those sites’ terms of use. Dryft1 and its affiliates are not responsible or liable for any non-Dryft1 affiliated third-party content posted to the Site, or associated risks. We have no control over the content of those third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of these third-party sites. To the fullest extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Site, or anyone informed of its contents. You acknowledge and agree that Dryft1 is not responsible for websites, services or advertisements offered by third parties, including their accuracy, completeness, timeliness, validity, and legality. We recognize that you may have certain non-excludable rights under applicable laws, and nothing in these Terms of Use intends to exclude or limit liability that cannot be excluded or limited under those laws  Despite efforts to accurately display our product colors, the actual colors seen may vary depending on your monitor, and we cannot guarantee color accuracy.

  1. SALE AND PURCHASE OF DRYFT1 PRODUCTS LISTED ON THE SITE

Dryft1 may list certain products and services for sale on the Site.

    1. TYPOGRAPHICAL ERRORS AND INCORRECT PRICING

In cases where a product or service is listed at an incorrect price due to typographical errors or incorrect pricing information from suppliers, we reserve the right to refuse or cancel orders placed for the incorrectly priced product/service. We may refuse or cancel such orders, even if they have been confirmed and your credit or debit card has been charged. If your card has already been charged for the purchase, and the order is canceled, we will promptly issue a credit to your account for the incorrect price.

    1. ORDER ACCEPTANCE, QUANTITY LIMITS AND DEALER SALES

Dryft1 reserves the right to discontinue models, parts, accessories, and other items or change specifications at any time without obligation. Products, parts, and accessories depicted on the Site are for sale and use in the United States or any of its territories or possessions only and may not meet the specifications required in other countries.

Certain orders may be deemed improper or unacceptable use of Dryft1 products and services. Dryft reserves the right, at our sole discretion, to refuse or cancel any order for any reason and may restrict or terminate your account at our discretion. Dryft1 reserves the right to limit the quantity of items purchased per individual, household, or order, at our discretion. These limits may apply to orders placed under the same account, credit card, or using the same billing and/or shipping address. You will be charged at the time your order is placed. Orders may be canceled due to limitations on quantities, errors in product or pricing information, or issues identified by our credit and fraud avoidance department. Dryft1 also reserves the right to prohibit sales to dealers or resellers. Reselling is defined as purchasing products from Dryft1 with the intent to commercially sell the same products to third parties.  Additional verifications or information may be required before accepting any order. We will notify you if your order is canceled or if additional information is needed. If we cancel your order after your payment method has been charged, we will reimburse you the full amount charged.

    1. ONLINE PAYMENTS

Purchases of products and/or services can be made on the Site. We accept credit cards issued by U.S. banks that are marked as accepted on our Site. For transactions using a credit card, Dryft1 may obtain pre-approval for an amount up to the total payment. Recurring payments automatically bill all charges and fees to the designated credit card. If you need to change the designated card or update your credit card, you must do so online, which might temporarily delay online payments while we verify your new details.

When making online payments, you represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) all incurred charges will be honored by your credit card company, (iii) you will be responsible for settling charges incurred by you, including any applicable taxes, and (iv) you are the cardholder or authorized user of the card and information used for the transaction.

    1. SALES TAX

If your order includes taxable items, the shipping charge (if any) may be subject to tax based on the state laws of the shipping destination. Gift cards themselves are not taxed, but sales tax will be applied when the gift card is used for purchases.

    1. FIRMWARE AND SOFTWARE OVER-THE-AIR SERVICE

The Dryft1 App and features, functionality and content offered through the Dryft1 App utilize firmware and software (“WARE”) installed on your Dryft1 product. This WARE is licensed to you and may require updates or modifications periodically. You further agree and acknowledge that Dryft may deliver WARE updates or changes to your Dryft product where necessary or desirable. These updates may have a number of purposes, including, but not limited to feature updates or enhancements or updates required for security or safety purposes. For all updates you will receive a notification that you have a set amount of time to initiate the install of the update. If you do not complete the update within that time, the software and/or Product may be temporarily disabled, and you will not be able to access and use the Dryft product until the required update is complete. If Dryft determines that the update is a critical update, Dryft has the right in its sole discretion to automatically install the update.

 Please note that a software update or change could impact data stored by Dryft. Please note that during a software update, your Product will be immobilized temporarily until the WARE update is complete.  Please contact us as soon as possible if you experience any problems with Product or services following a software update.

  1. SMS TEXT MESSAGES

You acknowledge that Dryft1 may offer you the option to receive electronic communications on the mobile number you provided, including push notifications, text messages, Direct Messages, automated dialing messages, and similar communications from Dryft1 or on Dryft1’s behalf. These may include informational and promotional messages. Message and data rates may apply if imposed by your mobile carrier. Consent to these messages or withdrawal of consent can be managed via the website. Ensure any number you provide is your own. Receiving telemarketing messages is not a condition of purchasing Dryft1’s services or accessing the website.

  1. PROMOTIONAL OFFERS

Occasionally, special promotions such as discounts or free shipping are offered exclusively on DRYFTBOARD.COM. Unless stated otherwise, these promotions may be limited to one transaction per customer at Dryft1’s discretion, are non-transferable, and cannot be exchanged for cash. They do not apply to previous purchases and may not combine with other discounts or promotions. Dryft1 is not liable for lost or stolen promotional codes. Promotions are subject to change without notice, void where prohibited, and exclusions apply. Offers may expire at any time and are subject to availability. If an error is made in the advertised promotion, Dryft1 reserves the right to cancel or correct it.

  1. DISCLAIMER OF WARRANTIES

Dryft1 provides the Site, along with all associated information, graphics, and materials, without any warranties, whether express or implied.  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 the Site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.

YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. INDEMNIFICATION

To the fullest extent provided by law, You agree to defend, indemnify, and hold harmless Dryft1, its affiliates, licensors, and service providers, and each of 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 and expert fees) arising out of or relating to your violation of these Terms of Use or your access or use of the Site, including, but not limited to, your Feedback and Submissions, any use of the Site’s Content, and services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site, or infringement of others’ rights, or any access or use of Site or Dryft products outside the United States or any of its territories or possessions.

  1. LIMITATION OF LIABILITY REGARDING USE OF SITE

IN NO CASE SHALL DRYFT1, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (“DRYFT PARTIES”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES PROCURED USING THE SITE OR USED IN CONNECTION WITH THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE A NEW JERSEY CONSUMER, THE LANGUAGE IN THE PRECEDING PARAGRAPH OF THIS SECTION SHALL NOT APPLY TO YOU. FOR NEW JERSEY CONSUMERS, TO THE EXTENT PERMITTED BY NEW JERSEY LAW, DRYFT PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED, YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DRYFT1 AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO DRYFT1 IN THE LAST 12 MONTHS FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CHOICE OF LAW; WAIVER OF CLASS CLAIMS AND JURY RIGHT

We are committed to resolving any issues you may encounter with the Site, including any transactions for products and services, through collaboration with our customer service team. However, we acknowledge that there might be situations where a satisfactory resolution is not met.  All matters relating to the Site 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 (whether of the State of Delaware or any other jurisdiction).

THE PARTIES AGREE THAT THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES DISCLAIM AND NONE OF THESE TERMS OF USE SHALL BE SUBJECT TO THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (“UCITA”) (PREPARED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS) AS CURRENTLY ENACTED OR AS MAY BE ENACTED, CODIFIED OR AMENDED FROM TIME TO TIME BY ANY JURISDICTION. TO THE EXTENT THAT ANY ASPECT OF THIS AGREEMENT OR ANY LICENSE GRANTED UNDER THIS AGREEMENT IS UNCLEAR OR DISPUTED BY THE PARTIES AND UCITA, IF APPLIED, WOULD CLARIFY SUCH LICENSE OR RESOLVE SUCH DISPUTE, THE PARTIES AGREE TO CLARIFY SUCH LICENSE OR RESOLVE SUCH DISPUTE INDEPENDENTLY OF UCITA BY APPLYING THE INTENT OF THE PARTIES AT THE TIME THAT THEY ENTERED THIS AGREEMENT.

The parties agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to these Terms of Use and any subject matters herein, whether based in contract, tort, fraud, misrepresentation or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

You and Dryft1 agree that any disputes, claims, or disagreements arising from or related to your use of the Site, including orders and purchases made through the Site, will be settled by binding arbitration rather than in court. By accepting these Terms of Use, you agree that the U.S. Federal Arbitration Act governs this provision’s interpretation and enforcement, and both you and Dryft1 waive the right to a jury trial or to participate in a class action. This arbitration clause survives the termination of these Terms of Use and any contractual relationship between you and Dryft1.

To initiate a claim against Dryft1 and opt for arbitration, you must first send a written notice (“Notice”) to Dryft1 via certified mail. Address the Notice to General Counsel, Dryft Board, LLC, 1819 Riverview Dr.   Suite 206, Melbourne FL 32901 (“Notice Address”). Similarly, if Dryft1 seeks arbitration against you, a written Notice will be sent to your last known address in our records. The Notice, whether sent by you or Dryft1, needs to (a) describe the nature and basis of the claim or dispute; and (b) specify the relief sought (“Demand”). If no settlement is reached within 30 days after receiving the Notice, either party may pursue arbitration or file a claim in small claims court. During arbitration, neither party’s settlement proposal will be disclosed to the arbitrator. You may obtain the necessary forms for Notice and starting arbitration from the American Arbitration Association (AAA) at www.adr.org. If a filing fee is required, Dryft1 will reimburse you upon receiving notice at the Notice Address that arbitration has commenced, unless your claim exceeds US $10,000. The arbitration follows the AAA’s Consumer Arbitration Rules, as modified by these Terms of Use, and is managed by the AAA. The AAA’s Rules and Forms can be found online at www.adr.org, by contacting them at 1-800-778-7879, or by writing to us at the Notice Address. The arbitrator is bound by these Terms of Use, including this arbitration agreement. All matters are for the arbitrator to decide, including those related to the scope and enforceability of these Terms of Use. Unless agreed otherwise, any arbitration hearings will occur in the county of your billing address. For claims of $10,000 or less, arbitration may be conducted solely based on documents, through telephone hearings, or by in-person proceedings as per AAA Rules. For claims over $10,000, hearing rights are determined by the AAA Rules. Regardless of the method, the arbitrator will issue a reasoned written decision explaining the award’s essential findings and conclusions. If the arbitrator grants you an award exceeding Dryft1’s last settlement offer before arbitrator selection (or if no offer was made), Dryft1 will pay you the awarded amount or US $1,000, whichever is greater. Except as specified, filing, administration, and arbitrator fees follow the AAA Rules. Each party covers its own costs and legal fees except in accordance with these Terms of Use or unless the statutory claim entitles the prevailing party to recover attorneys’ fees, in which case the arbitrator may award reasonable fees following fee-shifting standards.

YOU AND DRYFT1 AGREE THAT CLAIMS AGAINST EACH OTHER WILL BE MADE SOLELY IN INDIVIDUAL CAPACITIES, NOT AS PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree, the arbitrator cannot consolidate more than one person’s claims or preside over any representative or class proceedings. The arbitrator can award declaratory or injunctive relief only in favor of the individual party seeking it and only to the extent needed to provide relief based on that individual’s claim.

If this particular provision is deemed unenforceable, then (a) the entire arbitration provision shall be null and void, but the remaining Terms of Use shall remain valid; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in the State of Delaware.

  1. MISCELLANEOUS
    1. BACK-UP

We recommend backing up any content and data used with the Site to protect against potential issues with the Site or related services.

    1. EXPORT REGULATION

The Site may be subject to United States export control laws, including the United States Export Administration Act and associated regulations. As noted in Section 1 above, the Site is offered and available to users who are located in the United States or any of its territories or possessions and are at least 18 years old except for the following states where users must be the age noted as follows to access or use the Site: Alabama (19 years old), Nebraska (19 years old), and Mississippi (21 years old). In addition to the requirement in the previous sentence, you shall not directly or indirectly export, re-export, or release the Site or any content through the Site to any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

    1. NO WAIVER

The failure to require performance of any provision shall not affect Dryft1’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

    1. NO THIRD-PARTY BENEFICIARIES

These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.

    1. SEVERABILITY

If any portion of these Terms of Use is held to be invalid, illegal, void, or unenforceable, the remainder of these Terms of Use will remain valid.  Further, the term or condition that is held to be invalid, illegal, void, or unenforceable shall be modified/reformed by the arbitrator to remain in effect as far as possible in accordance with the intention of the parties.

    1. ENTIRE AGREEMENT; AMENDMENT

These Terms of Use, together with those documents incorporated by reference in these Terms of Use, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site. We may revise and update these Terms of Use from time to time in our sole discretion.

    1. PARAGRAPH HEADERS

Use of section or paragraph headers in the Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions.

    1. NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.