Terms of Use

Please carefully review the following terms and conditions of use (“Terms of Use”) that govern your use of the services from the Wyth website located at www.gowyth.com (the “Website”), the Wyth mobile application(s) (the “App”), and other Wyth websites or applications (collectively, the “Platform”) owned by SeatUs Technologies LLC dba Wyth, and its subsidiaries and affiliated entities (collectively “Wyth”, “we”, “us”, and “our”).  If you do not agree with the following Terms of Use, please do not access or use the Platform.  Wyth and you may be referred to herein as a “Party” and collectively, the “Parties.”  By using, downloading, or accessing, the Platform, or any portion thereof, you (“User,” “you” or “your”) agree to the following Terms of Use.  Do not access or use the Platform unless you agree to these Terms of Use in their entirety. 

  1. General Terms of Use and Restrictions on Use.
    1. General Terms of Use. Subject to these Terms of Use, Wyth hereby grants you a limited, revocable, nonexclusive, nonassignable, nontransferable license to access and use the Platform solely for your own personal, non-commercial purposes.  If you do not comply with these Terms of Use, Wyth reserves the right to revoke your license or limit your access to the Platform. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Platform or any part thereof.
    2. Restrictions on Use.  You agree not to engage in unacceptable use of the Platform or any part thereof and agree to use the Platform and related services only for lawful purposes.  While using the Platform and related services, you will not:
  1. post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, tortious, abusive, defamatory, libelous, harassing, profane, insulting, threatening, or malicious;
  2. post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person;
  3. take any action to disrupt or attempt to gain unauthorized access to other accounts on the Platform, to restricted portion of the Platform, to Content, or any other computer network or equipment;
  4. post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
  5. post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
  6. use any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Platform (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Platform);
  7. frame or otherwise simulate the appearance or functions of the Platform or any portion thereof;
  8. harvest or collect any information about other users; or
  9. violate these Terms of Use, any applicable laws, regulations, or third party rights, including intellectual property rights.
    1. Suspension. We may discontinue or alter any aspect of the Platform, remove Content from the Platform, or restrict the time the Platform is available. You acknowledge and agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Platform or any part thereof, for reasons that include, without limitation:  (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Platform; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities.  You further agree that such aforementioned actions shall be taken in Wyth’s sole discretion and without liability to you or any third party. For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.
    2. Updates to the App. From time to time, we may automatically check the version of the App installed on the Authorized Device and, if applicable, provide updates for the App (“Updates”).  Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the App.  By installing the App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary.  Your use of the App and Updates will be governed by these Terms of Use (as amended by any terms and conditions that may be provided with Updates).
    3. Children.  The Platform is not aimed nor intended for children under the age of 18.  If you are under the age of 18, please DO NOT USE the Platform. Wyth does not accept registration from children under the age of 18 and no one under the age of 18 may provide any information to or through any part of the Platform.

Account. While you may browse the Platform without creating an account on the Platform (an “Account”), you will be required to have an Account in order to use certain features of the Platform. You will be required to be a registered Driver Member or Rider Member and enter into the applicable Wyth Membership Agreement with Wyth (the “Membership Agreement”) in order to access or participate in the services provided through the Platform. Your Account username and password are personal to you and you are responsible for keeping your username and password confidential. You may not allow anyone else to access your Account and you may not sell or transfer your Account.  You may not use anyone else’s Account. You will immediately notify Wyth in writing if you discover any unauthorized use of your Account. By creating an Account, you agree that Wyth may send you informational text (SMS) messages and e-mails in connection with your use of the Platform and related services. 

Conflict with Membership Agreement. These Terms of Use govern only your use of the Platform.  To the extent that any of these terms conflict with or otherwise could be read inconsistently with the terms of the Membership Agreement, the Membership Agreement shall supersede and control.

Proprietary Rights. You hereby acknowledge that Wyth owns, controls, or has a valid right to use and retains all rights, titles and interest in and to the Platform and to any and all proprietary and confidential information contained therein (the “Wyth Information”).  The Platform and Wyth Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.  You agree that you will not (and will not allow any third party to) (a) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the Platform or otherwise attempt to derive source code from the Platform; (b) copy, distribute, transfer, sell or license the Platform; (c) transfer the Platform to, or use the Platform on, a device other than an mobile or other computing device that is: (i) compliant with the applicable terms and conditions of the online application store you may use to download, install, and run the App or access the Website and (ii) owned by you or owned by someone who has authorized you to use such device for accessing the Platform (each an “Authorized Device”); (d) take any action to circumvent, compromise or defeat any security measures implemented in the Platform; (e) use the Platform to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (f) remove, obscure, or alter Wyth’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Platform.

Content. You acknowledge that the Platform may contain or provide access to information, software, photos, video, text, graphics, music, audio clips, logos, images, or other material that is the property of Wyth and/or its third party licensors and is protected by United States and international intellectual property laws, including copyright laws (collectively, “Content”).  You may make one copy of the Content displayed on the Platform for your personal, noncommercial use only.  No right, title or interest in any Content is transferred to you as a result of any such copying.  You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Platform.

Privacy. Our Privacy Policy explains how we collect, treat and protect your personal information and data when you use the Platform.  The terms and conditions of the Privacy Policy are located at www.gowyth.com and are hereby expressly incorporated into these Terms of Use.

Links. We or third parties may provide links to other websites or resources on the internet through the Platform.  Because we have no control over such websites or resources, you acknowledge and agree that Wyth is not responsible for the availability of such external websites or resources.  You also agree that Wyth does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources.  Wyth encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

  1. User Representations.  You hereby represent and warrant that:  (a) you are eighteen (18) years of age or older; (b) all information provided by you to Wyth is truthful, accurate and complete; (c) you will comply with these Terms of Use and any other agreement to which you are subject that is related to your use of the Platform, Content or any part thereof; (d) your access to and use of the Platform or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; and (e) you will not use the Platform in order to gain competitive intelligence about Wyth, the Platform or any product or service offered via the Platform or to otherwise compete with Wyth or its affiliates.
  2. Notification of Copyright Infringement.
    1. Notice. If you believe that the Platform contains Content or elements that infringe your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to Wyth’s designated copyright agent with the following information in writing:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact to person making the statement, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
      5. A statement that the copyright owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that the person making the statement is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent

SeatUs Technologies, LLC

9501 W 144th Place

Orland Park,  IL  60462

Email: ip@localhost

Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.  If you believe in good faith that a notice of copyright infringement has been improperly filed against you, you may submit a counter-notice pursuant to the DMCA.  For additional information regarding these procedures, please reference 17 U.S.C. 512.

Disclaimer of Warranties. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WYTH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. WYTH MAKES NO WARRANTY: (A) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THAT THE PLATFORM WILL BE ERROR-FREE; (C) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE PLATFORM; AND (D) THAT ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. ANY CONTENT OR MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE PLATFORM IS OBTAINED AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR AUTHORIZED DEVICE (AS DEFINED HEREIN) (OR ANY OTHER DEVICE) OR ANY LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING ANY SUCH CONTENT OR MATERIAL. THE PLATFORM IS NOT INTENDED FOR USE IN ANY ACTIVITIES DURING WHICH THE FAILURE OF THE PLATFORM COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYTH OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Wyth uses reasonable efforts to maintain the Platform, but Wyth is not responsible for any defects or failures associated with the Platform, any part thereof, any Content posted using the Platform, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.  The Platform may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs; or (c) causes beyond the control of Wyth or which are not foreseeable by Wyth.

Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE THAT WYTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WYTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:  (A) THE USE OR THE INABILITY TO USE THE PLATFORM OR ANY CONTENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE PLATFORM OR ANY CONTENT.  IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE PLATFORM AND TERMINATE THESE TERMS OF USE.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL WYTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM OR ANY AMOUNT RETAINED BY WYTH FOR PROVIDING YOU WITH ACCESS TO THE PLATFORM.

Exclusions And Limitations. NOTHING IN THESE TERMS OF USE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND WYTH’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Release and Indemnification.
    1. Release. You agree to release Wyth, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Platform.  If at any time you are not satisfied with the Platform or object to any material within the Platform, your sole remedy is cessation of use thereof.
    2. Indemnification. You agree to defend, indemnify and hold harmless Wyth, and its officers, members, directors, employees and agents from and against any and all third party claims, demands, obligations, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Platform or any part thereof; (b) any Content you post via the Platform; (c) a breach or alleged breach of these Terms of Use; (d) infringement or misappropriation of any intellectual property or other rights of Wyth or third parties by you; (e) any negligence or willful misconduct by you; or (f) any other claim related to your performance under these Terms of Use.
    3. Release by California Residents.   IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST WYTH.

Term and Termination. These Terms of Use are effective unless and until terminated by Wyth.  Wyth may, in its sole discretion, terminate your use of the Platform or any part thereof if you fail to comply with any term of provision of these Terms of Use.  You may terminate these Terms of Use at any time by discontinuing all use of the Platform.  Termination or cancellation of these Terms of Use shall not affect any right or relief to which Wyth may be entitled at law or in equity.  Upon termination, you must terminate all use of the Platform and destroy all materials obtained using the Platform and all copies thereof. 

  1. Dispute Resolution.
    1. Arbitration. Any dispute, claim or controversy arising out of or relating to the Platform, these Terms of Use, or the breach, termination, enforcement, interpretation or validity of these Terms of Use, including the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), shall be determined by arbitration.  The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
    2. Conduct of Arbitration. The arbitration will be commenced by the claimant Party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing Party. Within thirty (30) calendar days of the date the demand for arbitration is filed, Wyth and You will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under these Terms of Use without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
    3. Costs. The arbitrator shall determine how the costs and expenses of the arbitration will be allocated between you and Wyth, and may award attorneys’ fees.
    4. Limitation of Liability. In any arbitration arising out of or related to these Terms of Use, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits, or any punitive to exemplary damages.
    5. Limitation on Time to File Claims. IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 
    6. Arbitration is on an Individual Basis Only; Class Arbitration Waiver. The parties agree to arbitrate solely on an individual basis, and that thESE TERMS OF USE do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on his or her own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section 15 will remain in force.
    7. Applicable Law. You agree that the laws of the State of Illinois, without giving effect to any principles of conflicts of laws, govern these Terms of Use and any dispute of any sort that may arise between you and Wyth.  The Parties acknowledge that these Terms of Use evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). 
  2. Additional Terms Applicable to iOS Devices
    1. Applicability.  The following terms only apply if you install, access, or use the App on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).  If you use the App on an Apple-manufactured device, and if there is any conflict between the terms in this Section and other terms in this Agreement, the terms in this Section will control.
    2. Acknowledgement. You acknowledge that this Agreement is concluded solely between the Parties, and not with Apple. Wyth, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App (the “Usage Rules”), and in the event of any conflict, the Usage Rules shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
    3. Scope of License. The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by the Usage Rules.
    4. Maintenance and Support. You and Wyth acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    5. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The Parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Wyth. However, you understand and agree that in accordance with this Agreement, Wyth has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
    6. Product Claims. You and Wyth acknowledge that as between Apple and Wyth, Wyth, not Apple, is responsible for addressing any claims you may have, as limited by this Agreement, or claims of any third party relating to the App or your possession and/or use of the App, subject to Wyth’s indemnification rights, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
    7. Intellectual Property Rights. The Parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Wyth, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
    8. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    9. Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
    10. Third-Party Beneficiary. The Parties acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
  3. Miscellaneous Terms
    1. Relationship of the Parties. Nothing in these Terms of Use will be construed to create a partnership, joint venture, agency or employment relationship between the Parties. Neither Party by virtue of these Terms of Use shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other Party.
    2. Entire Agreement.  These Terms of Use, the Membership Agreement, our Privacy Policy, and any additional terms, rules, or other policies to which Wyth refers contain the entire agreement between you and Wyth and supersedes any prior or contemporaneous agreements concerning the subject matter hereof.
    3. Certain Laws Inapplicable to these Terms of Use. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms of Use.
    4. Access from Outside of the United States. The Platform is intended for residents of the United States.  Wyth makes no representation that the Platform, Content or other material or information on the Platform is appropriate to or available in locations outside of the United States.  You may not use the Website or export Content in violation of United States export laws, regulations or restrictions.  If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.  Wyth does not represent that the App is appropriate or available for use in any geographical location.  If you choose to use the App, you are solely responsible for compliance with all applicable laws.  The App is subject to U.S. export controls and may not be downloaded, exported or re-exported:  (a) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (b) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”).  By downloading and/or using the App, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
    5. No Waiver. No waiver by either Party of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a waiver of any other such breach, or a waiver of any other breach of these Terms of Use.
    6. Modification.  We reserve right to modify these Terms of Use or any additional terms that may apply to the Platform, at any time without notice, by posting such changes to www.Wyth.com.  We recommend that you periodically review these Terms of Use for such changes.  You understand that the continued use of the Platform following the posting of changes to these Terms of Use will constitute your acceptance of those changes. 
    7. Contact Information. Please contact us with any questions or comments concerning these Terms of Use at the following:

Wyth
9501 W 144
th Place

Suite 300D

Orland Park, Illinois. 60467

Support@localhost