These Terms of Use apply to your visit to and your use of DShofer Inc.’s website at www.Dshofer.com (the “Website”), the Service and the Application of DShofer Inc. (the “DShofer”), a Delaware corporation. DShofer is sometimes referred to herein as “we” and the User are sometimes referred to as “you” or with “your”.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR APPLICATION AND/OR USING OUR SERVICE.

ELIGIBILITY FOR USER

In order to become a User, you must first provide DShofer with some information about yourself. DShofer, in its sole discretion, may deny or limit a User request or terminate a User for any reason including but not limited to; inappropriate behavior or language used by a User or a User guest during a trip, obscene gestures or language used by a User or one of User guests traveling with User, or anything that would cause a reasonable, sober individual to have concerns for their safety.

In order to become a User of DShofer, the User must not have any outstanding claims against their vehicle or road violations in effect which would result in the arrest of User and or DShofer driver using such vehicle. Please make sure that your vehicle is lawfully insured and safe to drive. You warrant that the information you provide to DShofer is accurate and complete. DShofer is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.

You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that you are of legal age to enter into a binding agreement and of these Terms of Use and register for the Service and the Application

USE OF SERVICES

By signing up to become a User, the User enters into a contract with DShofer to be bound by these Terms of Use.

DShofer is not a transportation carrier, it is an intermediary that connects Users to drivers (the “Shofer”). Prices that apply for the Services can be found on the Website and through the Application. These may be modified or updated by DShofer from time to time. It is your own responsibility to remain informed about the current prices for the Services. DShofer reserves the right to adjust, at any time, the prices for its services.

User understands that DShofer’s services may not be available when a User requires such service. In addition, User understands that on occasion, due to the nature of the service, it may take longer than anticipated for one of our drivers to get to your location. There may be occasions when a deviation from the original booking arrangements could occur due to unforeseen circumstances. In such cases, User agrees to hold DShofer and its employees and agents harmless for any situation or circumstances that may arise as a result of any such delay. Specifically, if we are late, please do not make the decision to drive while under the influence. Further, please refrain from doing anything that would create a liability for you.

DShofer provides drivers to individuals who cannot or do not want to drive their personal automobiles. DShofer, in its sole discretion, agrees to provide the services of an driver to User upon the request of a User. By using the services of DShofer, User represents and warrants that User has read and understood the terms and conditions set forth herein and agrees to be bound by said terms and conditions. It is understood by User that User shall not request nor shall User be permitted to use the services of DShofer without first, accepting the terms and conditions set forth in these Terms of Use and agreeing to be bound by said terms and conditions. User understands and agrees that it shall be conclusively presumed from User’s use of the services provided by DShofer that User has read, understood, and accepted the terms and conditions contained herein and agrees to be bound by said terms and conditions.

RESERVATION

All reservations are based on availability and it is recommended that reservations be made as early as possible. All reservations require a valid credit card and we process an authorization for the estimated price of the reservation.

DShofer’s services are based on pickup locations that we serve. These pickup locations we serve are defined by Zip Codes and we reserve the right to change the locations we serve without any prior notice. We also reserve the right to decline a reservation based on time of reservation, total ride distance, or safety concerns.

PAYMENT

DShofer shall charge you for the Services provided to you by Shofer on behalf of the Shofer. You agree that you will pay for all Services you purchase and that DShofer may charge your credit card account as provided by you when requesting the Service (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing DShofer with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.

When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service and for any paid feature of the service for which you choose or use while this contract is in force using your payment method.

DShofer uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. DShofer is not responsible for any errors by the Payment Processor. In connection with your use of the Services, DShofer will obtain certain transaction details, which DShofer will use solely in accordance with its Privacy Policy.

USER INSURANCE REQUIREMENTS

User understands that drivers provided by and through DShofer will not drive any automobile that does not fully comply with all of the applicable Federal and State laws, including but not limited to laws governing insurance, registration and safety equipment. User warrants that by their request to have one of DShofer drivers operate a vehicle in User possession and control, that said automobile is lawfully within User possession and control, and that said vehicle is in full compliance with all applicable Federal and State laws, including but not limited to any law governing insurance, registration and safety equipment. User further warrants that User and/or the vehicle in User’s possession and control is covered by an automobile insurance policy for public liability which satisfies the minimum automobile insurance requirements of the applicable State and insures User, the automobile in User possession and control and DShofer driver. User understands that in the event of an accident while being driven by one of DShofer drivers, whether or not a DShofer driver is at fault in such accident, User’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. User agrees to indemnify DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees against any and all claims made against DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees for any and all damages not paid for by User’s insurance coverage or insurer.

ASSUMPTION OF RISK

User is aware and acknowledges that the use of the services provided by DShofer involves an inherent risk of injury, death, and property damage to User and User guest and invitees. In addition to the inherent risks involved in the operation of an automobile in the possession and control of User on public and private roadways/property, User is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. User voluntarily agrees to assume all risks of injury, death, and property damage to User and any and all passengers of the automobile operated by DShofer and User waives any and all claims or actions that User may have against DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees

APPLICATION LICENSE

Subject to your compliance with these Terms of Use, DShofer grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use. By using the Application or the Service, you further agree that you will provide us with whatever proof of identity we may reasonably request. DShofer reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.

INTELLECTUAL PROPERTY OWNERSHIP

DShofer alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.

PRIVACY

DShofer collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy Policy.

RELEASE OF LIABILITY

User releases DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees (collectively, the “Released Parties”) from all liability to User and User’s principals, employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to these Terms of Use or to the services provided by Released Parties, regardless of where the injury, death, or property damage occurs. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT

USER BEARS SOLE RESPONSIBILITY FOR ANY LOSS.

Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, DShofer’s aggregate liability shall in no event exceed an amount of $500.

ACKNOWLEDGEMENT AND VOLUNTARY EXECUTION

User acknowledges that User has carefully read these Terms of Use, understands its contents, and understands that this includes an assumption of the risk of the Released Parties’ negligence and a release of their liability. User further acknowledges that DShofer is materially relying on this waiver in its decision to allow User to utilize the services of DShofer.

INDEMNIFICATION BY USER

User agrees to indemnify, defend and hold harmless DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (i) any and all services provided to User by DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees; (ii) the breach of any of the representations and warranties of User contained in these Terms of Use; and (iii) the breach of any covenant or agreement of User under the terms of these Terms of Use. If User shall fail to promptly indemnify the applicable party after written notice from DShofer, DShofer shall have the right to adjust, settle, litigate and take any other action DShofer deems necessary or desirable for the disposition of any such Claim, as determined by DShofer in its reasonable judgment. In any such event, User shall reimburse DShofer on demand for all amounts paid or incurred by DShofer as a result thereof.

TIME FOR CLAIM

Notwithstanding any statute to the contrary, any claim arising from or relating to these Terms of Use (whether in contract, tort, or both) shall be brought within twelve (12) months after it arises.

BINDING ARBITRATION

Any dispute between any of the parties hereto or claim by a party against another party arising out of or in relation to these Terms of Use or in relation to any alleged breach thereof shall be finally determined by arbitration in accordance with the rules then in force of the American Arbitration Association. The arbitration proceedings shall take place in Columbia, Missouri or such other location as the parties in dispute hereafter may agree upon; and such proceedings shall be governed by the laws of the State of Missouri as such laws are applied to agreements between residents of such State entered into and to be performed entirely within such State. There shall be one arbitrator, as shall be agreed upon by the parties in dispute, who shall be an individual skilled in the legal and business aspects of the subject matter of these Terms of Use and of the dispute. In the absence of such agreement, each party in dispute shall select one arbitrator and the arbitrators so selected shall select a third arbitrator. In the event the arbitrators cannot agree upon the selection of a third arbitrator, such third arbitrator shall be appointed by the American Arbitration Association at the request of any of the parties in dispute. The arbitrators shall be individuals skilled in the legal and business aspects of the subject matter of these Terms of Use and of the dispute. The decision rendered by the arbitrator or arbitrators shall be accompanied by a written opinion in support thereof. Such decision shall be final and binding upon the parties in dispute without right of appeal. Judgment upon any such decision may be entered into in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision and an order of enforcement. Costs of the arbitration shall be assessed by the arbitrator or arbitrators against any or all of the parties in dispute, and shall be paid promptly by the party or parties so assessed.

MEDIATION

Before invoking the binding arbitration mechanism set forth above, the parties shall first participate in mediation of any dispute arising under these Terms of Use. The mediator shall be a retired judge or commissioner or an attorney with at least 5 years of relevant experience relating to the subject matter of the controversy. The mediation shall take place in Columbia, MO, at such time and place as User and DShofer shall mutually agree. The cost of mediation shall be borne by the parties equally. At least 30 days before the date of the mediation, each side shall provide the mediator with a statement of its position and copies of all supporting documents. Each party shall send to the mediation a person who has authority to bind the party. If a subsequent dispute will involve third parties, such as insurers or subcontractors, they shall also be asked to participate in the mediation. If a party has participated in the mediation and is dissatisfied with the outcome, that party may invoke the binding arbitration provision set forth above.

AMENDMENTS

DShofer may amend the terms and conditions of these Terms of Use at any time by posting the amended terms and conditions on DShofer web site, in which case, such amended terms and conditions shall take effect with respect to existing User ten (10) days following such posting. Alternatively, DShofer may e-mail all Users a notice of amended terms and conditions, in which case, such amended terms and conditions shall be effective on the date indicated in such notice.

MODIFICATION AND TERMINATION

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. Please note that the Application may update automatically on your device once a new version or feature is available.

You are entitled to terminate the account at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service.

SUCCESSORS AND ASSIGNS

These Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns.

ASSIGNMENT

These Terms of Use and the rights and obligations hereunder shall not be assignable or transferable by User without the prior written consent of DShofer, which consent may be withheld in DShofer’s absolute discretion.

UNENFORCEABLE PROVISIONS

If any term or provision of these Terms of Use is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of the Terms of Use, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.

GOVERNING LAW

These Terms of Use shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Missouri applicable to agreements made and to be performed entirely within such State, including all matters of enforcement, validity and performance.

HEADINGS

The headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.

CONTRACT

No party has been induced to enter into these Terms of Use contract, nor is any party relying on, any representations or warranties outside those expressly set forth in these Terms of Use.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.