Terms of Use

Agreement

Symmetry Software Corporation ("Symmetry," "We," "Us") provides this web site and all site-related services, content and products (collectively, the "Site") subject to your compliance with the policies, terms and conditions set forth in this agreement (the "Terms of Use"). The fullyterms "you" and "user" as used herein refer to all individuals and/or entities accessing the Site for any reason. SYMMETRY OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. BY ACCESSING, BROWSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE. Symmetry may revise these Terms of Use at any time by updating this posting. Please visit this page periodically to review these Terms of Use as they are binding on you. Your continued use of the Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

Privacy Policy

For information regarding privacy, please review the Privacy Policy which also governs your visit to the Symmetry Site. These Terms of Use include the Symmetry Privacy Policy which is incorporated hereby into these Terms of Use by reference. By using the Site, you are indicating your agreement to the Privacy Policy.

Eligibility

You must be 13 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, you represent and warrant to Symmetry that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Symmetry that you will use the Site in a manner consistent with any and all applicable laws and regulations.

License and Site Access

This Site is for your personal and noncommercial use only, unless otherwise set forth herein or otherwise agreed to in writing by Symmetry. Symmetry grants you a limited, non-exclusive, non-assignable and non-transferable license to use this Site for your personal purposes only, and solely on terms consistent with these Terms of Use, including and any incorporated agreements. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any data (as defined below), product listings or descriptions; (c) making derivative uses of the Site and its contents (including, without limitation, any data (as defined below), documents, or information); or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Symmetry or any third-party. Except as otherwise expressly provided with social share links, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Site as a whole, or any software, data (as defined below), products or services obtained from or available as part of or in conjunction with this Site. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site or its content. You may not transfer to or store any data residing or exchanged over the Site in any electronic network for use by more than one user unless you obtain prior written permission from Symmetry.

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.

Member Conduct

We have the right, but not the obligation, to monitor any activity, information or content associated with the Site. We may investigate any reported violation of these Terms of Use or complaints and We may take any action that We deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, We may access and disclose any information We consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addresses and traffic information, usage history, and content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

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;
  • Transmit

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.

NEITHER SYMMETRY NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. SYMMETRY IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. The services are intended only to assist you in your financial organization and decision-making in broad scope. Your financial situation is unique, and any information and advice obtained through the site may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from other individuals who are fully aware of your individual circumstances. 

Registration

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.

As part of the registration process, you will be asked to enter your email address and a password. You will be responsible for the confidentiality and use of your login information and agree not to transfer or resell your use of or access to the Site to any third-party. If you have reason to believe that your account with Us is no longer secure, you must promptly change your password by updating your account information by logging in changing your login credentials. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN INFORMATION AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Please see Symmetry's Privacy Policy for further details regarding your personal and account information.

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, sublicensable(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.

All User Content or information submitted to the Symmetry system directly via the Site or indirectly through a third-party affiliate website automatically becomes the sole property of Symmetry. Therefore Symmetry reserves the right to use this information at its sole discretion. Users who have submitted personal information and later wish to have their personal information removed from Symmetry's system may send a written request to Symmetry's corporate office. Your use of this Site signifies acceptance of these Terms of Use.

You hereby certify that you have no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement or that would preclude you from complying with these Terms of Use, including, without limitation, any restrictions or obligations relating to your User Content or other information that you may disclose to Symmetry.

Copyright and Trademark Notices

All content and graphics on this Site are copyrights of Symmetry and the related logos are trademarks and registered trademarks of Symmetry. Other products and company names mentioned herein may be the trademarks or tradenames of their respective owners. All copyrighted and copyrightable materials on this Site, including, without limitation, the Symmetry logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright ©2000-2016 Symmetry, Inc., and/or its licensors. Except as stated in these Terms of Use or an incorporated agreement, none of the Materials 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, 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.

Copyright Complaints

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

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

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.

Indemnification

You agree to indemnify and hold Symmetry, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (either directly or indirectly) (a) your (or anyone using your accounts) use of and access to the Site; (b) any alleged or actual breach of these Terms of Use; (c) any allegation that any materials that you submit to Us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; (d) any claim that (or anyone using your accounts) User Content caused damage to a third-party; and (e) your disclosure of information relating to your current or past employment including any salary, benefits, employer or other information disclosed by you.

Law

These Terms of Use and any dispute of any sort that might relate to or arise between you and Symmetry or its affiliates shall be governed by the laws of the State of Arizona, without regard to principles of conflict of laws. This Site is operated by Symmetry from the State of Arizona, United States of America. Symmetry makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Use shall be governed by internal Arizona laws and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Maricopa County, Arizona. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

Remedies

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.

Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Symmetry's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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

These Terms of Use constitute the entire agreement between Us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site.

Contact Information

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