License and Site Access
Any unauthorized use of or access to our Site or services is prohibited and will terminate any permission or license granted herein to use the Site, the Site's Data, content and services.
Use of Information Data
The Site contains information, content and data for individual consumers.
The use of the content and data provided by Symmetry and or its data providers or licensors (i) found under or by way of the "Resources" portion of the Site including, without limitation, all information, content and data included in the sections, "Payroll News", "PayrollTalk" and "Tax Research", “Blank W4 Forms” and (ii) that is intended by Us to be directed at individual consumers and not employers or organizations (collectively, the "Consumer Data") is provided for personal use by individual consumers only, and is not intended for use by businesses or organizations or to be to be used or relied upon for any other purpose. You hereby represent and warrant that (i) by using the "Resources" portion of the Site and consumer directed portions of the Site, you are using the Site solely for your own personal use.; (ii) you are not a payroll professional, human resource specialist, or other similar employee of a business or organization that is accessing the Consumer Data for use in your job duties or for the benefit of your employer or organization; and (iii) you will not use the Site for commercial purposes and will not aggregate, redistribute or otherwise transmit the Site information to any other individual or entity.
In addition to the provisions found in the "Disclaimer of Warranties" section below, Symmetry (i) provides the Data "AS IS" and Symmetry makes no warranty, expressed or implied, including, but not limited to warranties of merchantability and warranties of correctness and fitness for a particular purpose relating to the Data (ii) does not warrant the accuracy and completeness of this Data, and (iii) its data providers shall not be liable for any errors or inaccuracies in the Data, or for any actions taken in reliance thereon.
While using the Site, you agree to:
- Follow all local, state, national and international laws and regulations;
- Take responsibility for all acts that occur under your account or password, including any content transmitted or broadcast from your account;
- Maintain the confidentiality of your password and login identity;
- Comply with all intellectual property and other proprietary rights laws, including but not limited to federal copyright and trademark laws, in the use of the Site and in making your personal profile;
- Provide only accurate and appropriate personal information about yourself; and
- Keep your personal information posted on the Site within the convention of good taste. If inappropriate material it is brought to our attention, we will revise or delete it the inappropriate information at our discretion and with no notice to you. We have the right to request edits or make edits to your personal information at our discretion.
While using the Site, you agree NOT to:
- Use your access to the Site for any commercial redistribution purpose without prior written permission from Us;
- Post your phone number or addresses;
- Republish information found in the Site without first obtaining written permission from Us;
- Post or forward any confidential correspondence from Symmetry;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about Site visitors or members without their express consent;
Symmetry reserves the right to modify, suspend or terminate access to the Site at any time without notice or refund if you are suspected of violating any of these Terms of Service. We also reserve the right, on occasion, to require you to change your login and password. Payment for joining Symmetry is non-refundable.
Although certain areas of the Site do not require you to be a registered user, some areas and services do. When and if you register to use portions of the Site, you agree to
- Provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address); and
- To maintain and update your information (including your email address) to keep it true, accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate your use of the Site.
User Content and Submissions
You are solely responsible for your account information, content, messages or other information ("User Content") that you submit, publish, post or display on or to the Site. By submitting or posting User Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Symmetry an irrevocable, perpetual, royalty-free, non-exclusive, fully paid, sublicenseable (through multiple tiers) worldwide right (including any moral rights) and license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.
Copyright and Trademark Notices
The logos, marks, trade names and the products and services described in this Site are either trademarks, service marks or registered trademarks of Symmetry or its licensors, including, without limitation, "Symmetry Software", "PayrollTalk”, “PaycheckCity”, “PayrollPoint”, “PayrollGoddess” and “Symmetry Tax Engine.” Such marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Symmetry or its licensors. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and related scripts) are service marks, trademarks, and/or trade dress of Symmetry, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Symmetry. All other trademarks, registered trademarks, product names and Symmetry names or logos mentioned herein are the property of their respective owners.
You may not use, frame, or use framing techniques to enclose, any Symmetry trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any Web page or form contained on a Web page) without Symmetry's express written consent. Further, you may not use any metatags or any other "hidden text" utilizing a Symmetry name, trademark, or product name without Symmetry's express written consent.
Symmetry respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Symmetry the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Symmetry's address for notice of claims of copyright infringement on this Site is
Symmetry Software Corporation
14350 N. 87th Street, Suite 250
Scottsdale, AZ 85260
Disclaimer of Warranties
THIS SITE IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYMMETRY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. SYMMETRY DOES NOT WARRANT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SYMMETRY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT OR MATERIAL IN THIS SITE (INCLUDING, WITHOUT LIMITATION THE DATA) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. THE DATA, INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SYMMETRY MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SYMMETRY OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Symmetry may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Symmetry shall be the minimum permitted under such applicable law.
Limits on Liability and Refund
NEITHER SYMMETRY NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE DATA, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE DATA, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SYMMETRY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
Given the nature of these terms, you understand and agree that, in addition to money damages, Symmetry will be entitled to equitable relief upon a breach of them by you.
Survival of Provisions
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Entire Agreement; Assignment
This Site is owned and operated by Symmetry, Inc. with corporate offices at 14350 North 87th Street, Suite 250 Scottsdale, AZ 85260.
If you have any questions concerning this Site or its policies, please notify us of the problem by contacting us here.
Last updated July 18, 2016