Legal Information & Terms of Use

Last updated April 30, 2020

Terms and Conditions governing the use of Symmetry.com

Symmetry Software Corporation (“Symmetry”, “us”, or “we”) operates the website located at www.symmetry.com. Symmetry provides this website and the related websites (the “Site”), including all Content and services on the Site, as a service to our users. These Terms of Use constitute a binding agreement between Symmetry and you, or, if you represent an entity or other organization, that entity or organization (in either case “you”) and such terms govern your use of the Site.

This agreement, together with any such additional terms and conditions, are referred to as this “Agreement”. Please read these Terms of Use carefully. We periodically update these Terms of Use, so you must regularly review them. We will post the effective date of any updates at the end of these Terms of Use. If you do not agree to all of these terms and any subsequent changes to the foregoing, you must not access, browse, or otherwise use the Site. You are not authorized to use the Site in any jurisdiction where the terms of this Agreement are not enforceable.

By accessing or using the Site, Content or services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity you represent).

By accepting these Terms of Use through your use of the Site, you also certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Symmetry does not intentionally collect personal information about children under the age of 13 or knowingly market to children. Symmetry is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event Symmetry receives actual knowledge that is has collected such personal information without the requisite and verifiable parental consent, Symmetry will delete that information from the Site as quickly as is reasonably practical.

Symmetry authorizes you to view and access the Content available on the Site solely for your personal use, but not for any for-profit or commercial activities or purposes or resale. You may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, misuse, reverse engineer, or in any way exploit the Site or any of the Content, in whole or in part, without first obtaining permission of Symmetry, except as expressly permitted in this Agreement or permitted under copyright law. You may create a hyperlink to the home page of the Site provided the link does not mislead users regarding the Site or the Content or negatively impact Symmetry or the Site. You must retain all copyright notices, trademarks, service marks, and other proprietary notices contained in the original Site Content on any authorized copy you make of the Content.

Use of consumer 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 that is (a) 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 Insights”, “Payroll Guides”, “PayrollTalk”, “Tools”, “Blank W4 Forms”, “Salary Calculator”, “Local Tax Lookup” and “The Free Version of Symmetry Payroll Forms” (b) 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 business or organization or to be used or relied upon for any other purpose. You hereby represent and warrant that (a) 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; (b) 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 (c) 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.

No professional tax opinion and advice

You acknowledge that Symmetry does not provide professional tax opinions or tax management advice specific to your facts and circumstances and that your use of the Site or its Content does not create any fiduciary obligations on the part of Symmetry to you. Although Symmetry strives to ensure that data and information contained on the Site are current and accurate, Symmetry is dependent on third parties, including but not limited to, state and local governmental agencies to timely update and provide information that affect such data and information. AS SUCH, YOU AGREE THAT USE AND RELIANCE UPON THE SITE IS AT YOUR OWN RISK AND ACKNOWLEDGE THAT SYMMETRY CANNOT GUARANTEE THAT ANY DATA AND INFORMATION CONTAINED ON THE SITE IS ACCURATE OR CURRENT. In addition, due to rapidly changing tax rates and regulations that require interpretation by qualified tax professionals, you bear full responsibility to determine the applicability of the output generated by the Site and to confirm its accuracy. You are encouraged to conduct due diligence and seek the assistance of qualified tax counsel or accounting professionals on matters requiring professional advice.

Account registration and password

If any part of the Site requires you to open an account, you must complete the registration process by providing current, complete, and accurate information as prompted by the applicable registration form. You also may be asked to choose a username and password. You are solely responsible for maintaining the confidentiality of your username, password, and other account information. Furthermore, you are solely responsible for all activities that occur under your account and will be held liable for losses or damages incurred by Symmetry or another party due to someone else using your account or password. You agree to notify Symmetry immediately of any unauthorized use of your account or any other breach of security. Symmetry will not be liable for any loss or damages that you may incur as a result of someone else using your account or password. You shall not use anyone else’s account at any time without the permission of the account holder.

User comments and submissions

By sharing, submitting, or uploading any of your data, feedback, suggestions, comments, or ideas (“User Comments”) in any way, you grant Symmetry a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, prepare derivative works of, display, and perform your User Comments in any legal manner for our sole benefit, including in future modifications of the Site, other products or services, and in advertising and marketing materials. You acknowledge and agree that you are solely responsible for all the User Comments that you make available through the Site. Accordingly, you represent and warrant that (a) you have all rights, licenses, consents, and releases necessary to grant Symmetry the required rights to disseminate any User Comments, (b) neither your User Comments nor your posting, uploading, publication, submission, or transmittal of the User Comments or Symmetry’s use of your User Comments will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

Managing Content

Symmetry is not responsible for the Content posted by third-parties on the Site. Symmetry does not represent or endorse the accuracy or reliability of any Content posted on the Site and you acknowledge that any reliance upon such Content shall be at your sole risk. The Site may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that Symmetry is not responsible for the availability of, or the Content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the Content located on such External Sites.

Symmetry has no obligation to monitor the Site. However, you acknowledge and agree that Symmetry has the right to monitor the Site from time to time and to collect and/or disclose any information as necessary or appropriate to (a) satisfy any law, regulation, or other governmental request, (b) operate the Site properly, (c) optimize the Site and/or Symmetry’s business operations, or (d) protect Symmetry, its users, or its customers.

Site security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability or a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any use, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Symmetry will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree further not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from this Site and other than generally available third-party web browsers (e.g., Chrome, Firefox, Microsoft Explorer, Safari, etc.).

Privacy policy

Your privacy is important to Symmetry. As part of this Agreement, you are subject to our Privacy Policy which is incorporated herein by reference and can be found at www.symmetry.com/privacy.

Copyright and trademark notices

All information on the Site, including without limitation software, text, photographs, graphics, logos, links, tutorials, design, images, audio/visual clips, and other material (collectively, the “Content”), are protected by copyright, trademark, or other proprietary rights of Symmetry or third parties. Further, all Content on the Site is copyrighted as a collective work of Symmetry pursuant to applicable copyright law. Any code that Symmetry creates to generate or display any Content or the pages making up the Site is also protected by Symmetry’s copyright and you may not copy or adapt such code. Other products and company names mentioned herein may be the trademarks or tradenames of their respective owners. Except as stated in these Terms of Use, none of the Content may be copied, reproduced, distributed, republished, downloaded, or displayed in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Symmetry or the respective copyright owner.

The logos, marks, tradenames, 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 express 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 express 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 images found on 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 permission. Further you may not use any metatags or other “hidden text” utilizing a Symmetry name, trademark, or product name without Symmetry’s express written permission.

Symmetry respects the intellectual property of others. If you believe the Site includes your work and the work has been copied in a way that constitutes copyright infringement, please provide Symmetry’s copyright agent the following 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;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email 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 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 copyright agent for notice of claims of copyright infringement can be reached at:

Legal Department
Symmetry Software Corporation
14350 N 87th Street, Suite 250
Scottsdale, Arizona 85260
480-596-1500
info@symmetry.com

Termination

These Terms of Use are effective unless and until terminated by either you or Symmetry. You may terminate this Agreement at any time, provided you discontinue any further use of the Site. Symmetry reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the Site at any time for any reason without prior notice or liability. Symmetry may change, suspend, or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content without prior notice or liability. Symmetry’s right to any User Comments shall survive any termination of this Agreement.

Disclaimer or warranties and limitation of liability

The Site And The Content Are Made Availabe To You On An “as Is” And “as Available” Basis, Unless Otherwise Specified In Writing. To The Fullest Extent Permissible By Applicable Law, Symmetry Disclaims All Warranteis Express Or Implied, Including The Implied Warranties Of Merchantability, Noninfringement, And Fitness For A Particular Purpose. Symmetry Specifically Disclaims Any Representations Or Warranties That Any Governmental Information (Including, But Not Limited To, Information Regarding Tax Rates Or The Applicability Of Certain Taxes) Are Accurate, Current, Or Applicable To You. The Remedies Described Herein Are Your Only Remedies For Any Breach Of Warranty Or Any Other Claim. Symmetry’s Total Liability Arising Out Of The Site, Whether On Warranties, Claim Of Negligence, Or Otherwise, Shall Not In Any Case Exceed The Cost Paid By You To Access The Site Or $100, Whever Is Less, And Symmetry Shall Not Be Liable To You Or Any Third-Party For Incidental, Consequential, Or Special Damages. This Limitation On Damages Are Essential To The Agreement Between You And Symmetry And The Site Would Not Be Provided Without Such Limitation.

Indemnification

You agree to indemnify, defend, and hold harmless Symmetry and their respective affiliate members, officers, directors, owners, agents, information providers, and licensors (each an “Indemnified Party” and a third-party beneficiary of this Agreement) for, from, and against any and all claims, liability, losses, costs, and expenses (including attorneys’ fees) incurred by an Indemnified Party in connection with any use or alleged use of the Site under your registered account by any person, whether or not authorized by you. Each Indemnified Party reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with such Indemnified Party in the defense of such claim.

General

This Agreement constitutes the entire agreement between the parties and supersedes all previous written or oral agreements between the parties with respect to the subject matter hereof. The failure of Symmetry to exercise or enforce any right or provision herein shall not constitute a waiver of such right or provision. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.

This Agreement shall be construed in accordance with the laws of the State of Arizona, and the parties irrevocably consent to jurisdiction of and to bring any action to enforce this Agreement in the federal or state courts located in Phoenix, Arizona. You agree that the statute of limitations for any claim against Symmetry shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Contact information

This Site is owned and operated by Symmetry Software Corporation with its corporate offices at 14350 N 87th Street, Suite 250, Scottsdale, Arizona 85260.

If you have any questions concerning this Site or its Terms of Use, please notify us of the problem by contacting us at info@symmetry.com.