TrySERA.com TERMS OF SERVICE
Effective July, 14, 2017
Please read these Terms of Service ("TOS") carefully before using TrySERA.com's website or related services (the "Services") operated by TrySERA, LLC ("us", "we", or "our").
Your access to and use of the Services is conditioned on your acceptance of and compliance with the TOS. The TOS apply to all persons or entities who use the Services ("you").
By using the Services you agree to be bound by the TOS. If you disagree with any part of the TOS then you may not use the Services. Merely viewing a public-facing website related to the Services does not require acceptance of or adherence to the TOS: however, regardless of any specific mention of the TOS when you use the Services, such use constitutes consent to and agreement to be bound by the TOS.
Please review our Privacy Policy, which also governs your visit to the TrySERA.com website, to understand our practices.
TrySERA.com may be used to send emails, Tweets, Facebook messages and/or other instant or persistent electronic messages, as available through the Services, ("Emails") to persons or entities in the United States of America who have opted to receive such Emails, or third-party Emails and are otherwise suitable and reasonable recipients of such Emails.
a) TrySERA.com or any related Services may not be used to send Emails in violation of the laws of the United States of America, including but not limited to those described below.
b) TrySERA.com or any related Services may not be used to send commercial email messages, as that term is defined by 15 U.S. Code § 7702, which would reasonably be prohibited by 15 U.S. Code § 7704. (Elements of the "CAN SPAM" Act.) This includes Emails directed to persons who have elected to opt out of the receipt of such Emails, even if in the past they were eligible to receive such Emails.
c) TrySERA.com or any related Services may not be used to send Emails to persons not reasonably believed to be at least eighteen (18) years of age.
d) TrySERA.com or any related Services may not be used to send Emails containing pornography, erotica, or similar adult-oriented materials.
a) If you send an Email through TrySERA.com or any related Services, such Email must contain information regarding and a link to an unsubscribe option whereby the recipient can indicate that they no longer wish to receive such Emails ("Opt Out Request.) You must have a reliable procedure in place to process and implement Opt Out Requests promptly.
b) You must comply with all applicable law and regulation, including the CAN-SPAM Act (15 U.S.C. § 7701 et seq,) COPPA (15 U.S.C. § 6501 et seq,) and all other applicable Federal and State laws.
c) If an Email contains links to a website, that website must have a reasonable privacy statement, readily viewable by visitors to the website which includes a statement that the site uses cookie data to identify visitors and market to them.
We may terminate or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. If you have paid for Services which are not rendered at the time of termination, absent breach of the TOS by you, then you will receive a pro-rata refund of all such payments.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Personally Identifiable Information
You are responsible for all Personally Identifiable Information ("PII") and/or Sensitive Personally Identifiable Information ("SPII") which you use to create or transmit the Emails, including any you provide to us to allow their creation and/or transmission. By using the Services you represent and warrant that your collection, retention and use of such PII/SPII is in accord with all applicable law and regulation.
We will not retain any PII or SPII after the Emails have been transmitted, save that absolutely necessary and/or legally required to document our own compliance with the TOS and/or any applicable law and regulation. If you provide PII or SPII to us in violation of any agreement or applicable law or regulation, you agree to indemnify and hold us harmless from any claim related to such PII/SPII, including but not limited to the costs of responding to such claim and/or the costs of suit, fine or other sanction.
If the Emails you send or any website they link to contain legally protected intellectual property, including patented or copyrighted content or trademarks or service marks, ("Content,") you are responsible for ensuring that you have all necessary rights to use such Content. You agree to indemnify and hold us harmless from any claim related to such Content, including costs of responding to such claim and/or costs of suit.
TrySERA.com may contain links to third-party web sites or services that are not owned or controlled by TrySERA, LLC. TrySERA, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TrySERA, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
If your Emails contain links to websites owned or controlled by third parties, or the websites they link to websites owned or controlled by third parties, you agree to provide clear and reasonable notice to the recipients of such Emails that this is the case, and make them reasonably aware when they are leaving websites owned and controlled by you and/or when they are being linked to such websites.
Electronic Communications
When you visit TrySERA.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on TrySERA.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TrySERA, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on TrySERA.com is the exclusive property of TrySERA, LLC and protected by U.S. and international copyright laws. All software used on TrySERA.com is the property of TrySERA, LLC, its service providers, or its software suppliers and protected by United States and international copyright laws.
"TrySERA.com," "SERA," "PulseTV," and "TrySERA, LLC" are trademarks, registered trademarks or trade dress of TrySERA, LLC in the U.S. and/or other countries. TrySERA, LLC's trademarks and trade dress may not be used in connection with any product or service that is not TrySERA, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TrySERA, LLC. All other trademarks not owned by TrySERA, LLC that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TrySERA, LLC.
One or more patents owned by TrySERA, LLC or its affiliates may apply to the Services. Portions of the Services may operate under license of one or more patents.
TrySERA, LLC grants you a limited license to access and make personal use of the contents of TrySERA.com and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TrySERA, LLC. This license does not include any resale or commercial use of TrySERA.com or its contents; any derivative use of TrySERA.com or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by TrySERA, LLC in a separate license, your right to use any software, data, documentation or other materials that you access or download in relation to the Services is subject to the TOS.
The Services or any portion of TrySERA.com may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TrySERA, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TrySERA, LLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing TrySERA, LLC's name or trademarks without the express written consent of TrySERA, LLC. Any unauthorized use terminates the permission or license granted by TrySERA, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TrySERA.com, so long as the link does not portray TrySERA, LLC, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TrySERA, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TrySERA, LLC reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
THE TRYSERA.COM SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AWS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. TRYSERA, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN ASSOCIATION THEREWITH, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRYSERA, LLC DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRYSERA.COM SITE; ITS SERVERS; OR E-MAIL SENT FROM TRYSERA, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRYSERA, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE TRYSERA.COM SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRYSERA.COM SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE TOS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Choice of Laws and Dispute Resolution
By using the Services, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern such use, the application of the TOS, and any dispute of any sort that might arise between you and TrySERA, LLC.
Any dispute relating in any way to your use of the Services shall be adjudicated in a state or Federal court in or having jurisdiction over Will County, Illinois. By using the Services, you consent to exclusive jurisdiction and venue in such courts.
We reserve the right, at our sole discretion, to modify or replace the TOS at any time: such change will be effective upon your actual knowledge of such change, or thirty (30) days after such change is published on the TrySERA.com website, whichever comes first. If any part of the TOS shall be found to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining parts of the TOS.
If you have any questions about these Terms, please contact us by email at
info@trysera.com or at the address below:
TrySERA LLC.
7851 185th Street
Suite 106
Tinley Park, IL. 60477
708-894-0020