Terms



TERMS OF USE

USER'S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) are a legal agreement between you and SERYTH LLC and govern your use of this Website either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to this Website are subject to your compliance with these Terms, so please read them carefully before using this Website. SERYTH LLC reserves the right to limit or terminate your access to this Website or terminate or suspend your registration for failure to comply with the terms and policies posted on this Website, including these Terms, or for any reason at any time.

BY ACCESSING AND USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER.

These Terms of Use are effective as of September 1, 2022. We reserve the right to change these Terms of Use without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after modifications to these Terms of Use will be your agreement to abide and be bound by the modified Terms of Use.

MODIFICATIONS TO THESE TERMS

SERYTH LLC may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of those changes.

 

CHANGES TO THIS WEBSITE

In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that SERYTH LLC makes such changes, these Terms shall apply to the new services and to any changes to existing services.

 

DESCRIPTION OF SERVICES

We make various products and services available on this site including (without limitation) providing gaming peripherals, hardware, and accessories. Fees for the various products and services are set out in the product, membership, and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a device and Internet access (including payment of internet service fees associated with such access).

 

We reserve the sole right to either modify or discontinue the site, including any features, at any time with or without notice to you. We will not be liable to you or any third party by exercising such right. Examples of modifications are changes in the pricing structure, the addition of fee-based services, or changes to limitations on file sizes. Any new features on this site will also be subject to these Terms of Use.

 

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access while using this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

 

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

USER INFORMATION

To use certain parts of this Website, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify SERYTH LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SERYTH LLC or any other user of or visitor to this Website due to the use of your SERYTH LLC ID, password, or account by another person.

You may not use anyone else’s SERYTH LLC ID, password, or account at any time without the express permission and consent of the holder of that SERYTH LLC ID, password, or account. SERYTH LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

PAYMENT OF FEES

If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. Such fees may include, but not limited to returns of a product. For all fees for services on this site, we will bill your credit card. Recurring fees are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven (7) days of the change.

 

If, for any reason, your credit card company refuses to pay the fees billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue fees by other means acceptable to us. We may charge an additional fee for reinstatement of suspended or terminated accounts.

 

You agree that until your subscription to the service is terminated, you will continue to accrue fees and remain responsible for payment of the fees, even if you do not use the service.

 

In the event legal action is necessary to collect fees, you agree to reimburse us for all expenses we incur to recover fees, including our attorney fees and other legal expenses.

 

PRIVACY POLICY

SERYTH LLC respects your desire for privacy and takes care to protect the personal information you provide us. SERYTH LLC’s privacy policy can be found at https://www.era.win/pages/privacy. By using this Website, you are consenting to the terms of our privacy policy.

SERYTH LLC has security measures in place to protect the loss, misuse, and alteration of the information under SERYTH LLC's control. These security measures are described in our privacy policy.

Although SERYTH LLC has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, SERYTH LLC does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

 

CONTENT

All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Content, contained on this Website is owned, controlled, or licensed by SERYTH LLC. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Software License Agreement, Terms of Service, etc.), SERYTH LLC hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.

Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of SERYTH LLC and/or the appropriate owner. Also, you may not “mirror” any Content contained on this Website or any other server without SERYTH LLC’s express prior written consent.

 

SUPPORT FORUMS, BLOGS AND RATINGS & REVIEWS

SERYTH LLC has created support forums, blogs, community areas and group discussions, in the English language (at this time), so you can share your experiences, ask and/or answer questions, share reviews of SERYTH LLC products and services, and more (collectively referred to as “ Online Communities”). We appreciate that SERYTH LLC’s Online Communities reflect the diversity of its users and is an interesting place to share, learn, and interact. In keeping with this spirit of community, we have a core set of principles and guidelines in English that must be followed by all members, participants, content contributors and users. These guidelines are incorporated into these Terms, and may be reviewed on our website.

 

POSTING OF USER CONTENT

Certain areas of this Website may allow you to post content, including your experiences, advice, recommendations, opinions, information, messages, or other material (“Your Content”). Please be aware that these areas are public and not confidential. You may only post Your Content to public areas and where you have permission to post. You may not post any content that violates these Terms or any third party rights.

SERYTH LLC does not claim ownership of any of Your Content that you may post. However, by posting Your Content to public areas on the Website, you grant SERYTH LLC, its affiliates, partners, and distributors the perpetual, irrevocable, royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense, and promote Your Content in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you. In addition to Your Content, we encourage you to provide us with feedback. You agree that we may use in any manner and without limitation all comments, advice, recommendations, suggestions, complaints, and other feedback you provide relating to this Website, SERYTH LLC products and/or services, and that SERYTH LLC will own all intellectual property that we create based upon or incorporating your feedback.

 

CONDUCT ON SITE

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, product review boards, newsgroup, software library, Discord channel, Twitch channel, Mixer channel, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

 

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, hijack, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

Impersonates any person or entity, including any of our employees, contractors, partners, or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, product review boards, newsgroups, software libraries, Discord channel, Twitch channel, Mixer channel or other interactive services that may be available on or through this site. However, we and our agents have the right to remove any content that, in our judgment, does not comply with these Terms of Use or any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You consent to such removal and waive any claim against us arising out of such removal of content. See “User's Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You will not interfere with anyone else’s use or enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

USE OF SITE AND STORAGE OF MATERIAL

We may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted on our servers, and the maximum number of times or duration you may access the services in a given period of time. We have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. We reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. We reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

 

We provide storage space and access for material through our site. For purposes of these Terms of Use, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Conduct on Site” above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, remove content from it, or take any other action we deem necessary or appropriate.

 

The accounts of our users operate on shared resources. Excessive use or abuse of these shared resources by one user may have a negative impact on all other users. Misuse of shared resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, or session time, is prohibited and may result in termination of your account or limitation of your activities.

 

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.

 

NO UNLAWFUL OR PROHIBITED USE

While using this Website, you may NOT do the following:

  • Restrict or inhibit any other user from using and enjoying this Website
  • Post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind
  • Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations
  • Use the “SERYTH LLC” names, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with SERYTH LLC
  • Pretend that you are, or that you represent, someone else or impersonate any other person or entity
  • Invade the privacy or violate any personal or proprietary right of any person or entity
  • Post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by SERYTH LLC), or engage in spamming, phishing, or denial of service attacks
  • Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
  • Use the Website to generate traffic for other sites
  • Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity
  • Upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through this Website, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder
  • Upload, post, publish, reproduce, transmit, or distribute in any way any component of this Website itself or derivative works with respect thereto without SERYTH LLC’s prior written consent, as this Website is protected under U.S. and international copyright laws
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or SERYTH LLC’s systems or networks, or any systems or networks connected to this Website or to SERYTH LLC
  • Forge headers (headings) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SERYTH LLC on or through this Website or any service offered on or through this Website
  • Use any robot, spider, scraper, or other automated means to access this Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
  • Post or transmit any information or software that contains a virus, Trojan horse, worm, or other harmful component
  • Post or transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element

 

LINKS TO THIRD PARTY WEBSITES AND SERVICES

In attempting to provide you with comprehensive and useful resources, this Website may contain links to third-party websites, which are not under the control of SERYTH LLC. SERYTH LLC is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. SERYTH LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply that SERYTH LLC endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.

In connection with your use of this Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by SERYTH LLC. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not SERYTH LLC, is responsible for the performance of the third-party services or products. For instance, SERYTH LLC uses YouTube as a hosting platform for our videos and, as a result, you are subject to the YouTube Terms of Service (available at https://www.youtube.com/t/terms) including the Google Privacy Policy (available at https://www.google.com/policies/privacy).

 

NO DUTY TO MONITOR

SERYTH LLC shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to prescreen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, SERYTH LLC is not responsible for any failure or delay in removing content.

INTELLECTUAL PROPERTY INFORMATION

Trademarks, service marks, logos, and copyrighted works appearing in this site are our property or the party that provided the trademarks, services marks, logos, and copyrighted works to us. We, and any party that provided trademarks, service marks, logos, and copyrighted works to us, retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User's Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

Certain of the ideas, software and processes incorporated into our service that is available on this site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.

 

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

At SERYTH LLC, we respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide SERYTH LLC’s copyright agent with the following information:

  • A full description of the copyrighted work or other intellectual property that you claim has been infringed
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • A description of where the material that you claim is infringing is located on this Website
  • Your name, address, telephone number, and e-mail address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf

 

Seryth’s agent can be reached through any of the contact listed below:

Email: contact@era.win

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Inquiries that are not relevant to the claim of copyright infringement will not receive a response.

 

WARRANTY DISCLAIMER

ALL MATERIALS, PRODUCTS, AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES, PRODUCTS, AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES, PRODUCTS, AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, PRODUCTS, OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS, PRODUCTS, AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED ON THIS SITE, AT ANY TIME WITHOUT NOTICE. THE MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS, PRODUCTS, OR SERVICES.

 

Through your use of the site, you may engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Before purchasing products and services on or through this site, review our Sales Terms and Conditions, which are incorporated by reference into these Terms of Use.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SERYTH LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, SERYTH LLC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY SERYTH LLC, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with SERYTH LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized SERYTH LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

Some jurisdictions do not allow these limitations, so the above limitations may not apply in your jurisdiction.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERYTH LLC (OR SERYTH LLC’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF SERYTH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL SERYTH LLC’S AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO SERYTH LLC DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions, such as New Jersey, do not allow these limitations, so the above limitations do not apply in New Jersey and may not apply in your jurisdiction.

 

INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

PARTICIPATION IN PROMOTIONS

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

SECURITY AND PASSWORD

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any fees incurred. You will take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing.

 

DATA SECURITY

For purposes of this section, "PII" (or Personally Identifiable Information) means information relating to an identified or identifiable natural person that you provide to us or that we otherwise acquire from or on behalf of you, your affiliates, or any of their respective personnel or agents in connection with the provision of these Terms of Use, regardless of form. An identifiable person is a person who can be identified, directly or indirectly, by reference to an identification number or factors specific to his or her physical, physiological, mental, economic, cultural, or social identity. Examples of PII include account number (bank account and credit card), address, biometric identifier, license or identification number, date of birth, government identifiers (social security numbers), name, email, personnel number, photograph or video identifiable to an individual, vehicle identifier or serial number, and may also include other information related to an individual that may directly or indirectly identify the individual (salary, performance rating, purchase history, and call number).

 

We will implement and maintain reasonable and appropriate administrative, technical, and physical safeguards to (i) ensure the security and confidentiality of PII; (ii) protect against anticipated threats or hazards to the security or integrity of PII; and (iii) protect PII from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the PII.

 

We will comply with the confidentiality, privacy, and data security requirements of any federal, state, or local law or regulation in the United States that is applicable to it in connection with the performance of services under these Terms of Use. To the extent that any PII relates to a resident of Massachusetts and constitutes "Personal Information" as defined in 201 CMR 17.02 (as may be amended), we will also comply with the obligations of 201 CMR 17.00 et. seq. (as may be amended), entitled "Standards for the Protection of Personal Information of Residents of the Commonwealth", with respect to such PII

 

If you are located in any of the member states of the European Union, or otherwise have access to the PII of "data subjects" within the European Union for purposes of the European Union's General Data Protection Regulation ("GDPR"), you agree to notify us in writing or by e-mail and obtain our consent prior to making any such PII available to us, and to indemnify us and hold us harmless from and against any liability we may incur as a result of our use of such PII in accordance with this section and our Privacy Policy.

 

DISCLOSURE OF USE

SERYTH LLC may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of this Website or any services made available on this Website if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of this Website, (3) enforce these Terms of Use, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of SERYTH LLC, its employees, and visitors to or users of this Website, including SERYTH LLC’s customers, and the public.

SERYTH LLC reserves the right at all times to disclose any information that SERYTH LLC deems necessary to comply with any applicable law, regulation, legal process, or governmental request. SERYTH LLC may also disclose your information when SERYTH LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

 

TERMINATION

You agree that SERYTH LLC may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Website, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Website or any services that may be provided by SERYTH LLC, your sole remedy is to terminate this agreement.

Upon termination or suspension, regardless of the reason, your right to use the services available on this site immediately ceases, and you agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other related actions taken by us. Sections 1, 3, 5–11, 14, and 18–20 of these Terms of Use, as well as your liability for any unpaid fees, will survive any termination.

If SERYTH LLC does take any legal action against you as a result of your violation of these Terms of Use, SERYTH LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any injunctive or equitable relief granted to SERYTH LLC. You agree that SERYTH LLC will not be liable to you or to any third party for termination of your access to the Website.

 

GOVERNING LAW

This site (excluding any linked sites) is controlled by us from our offices within the State of Ohio, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Ohio, by accessing this site both of us agree that the statutes and laws of the State of Ohio, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and submits to the exclusive personal jurisdiction and venue of the North Eastern District Court of Ohio.

 

MISCELLANEOUS

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with two (2) years after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights or obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

 

In addition to any excuse provided by applicable law, we will be excused from liability for nondelivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; and (h) strikes, labor stoppages or slowdowns, or other industrial disturbances, and other causes or events beyond our reasonable control, whether or not similar to those which are listed above.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights will not constitute a waiver of that right or provision.

 

 

THIS SITE IS OWNED AND OPERATED BY SERYTH LLC.