1. General. This agreement with Teknon Corporation dba Symmetry Software (“Symmetry”), an Arizona corporation, governs your use of this web site (the “Site”). Additional terms and conditions of use applicable to specific areas of the Site may also be posted on the Site at any time. These terms constitute a binding agreement between you and Symmetry and are deemed accepted by you each time you use or access the Site. If you do not accept the Terms stated here, please do not use the Site.
2. Eligibility. You must be 13 years of age or older to visit or use the Site in any manner, and, if under the age of 18 or the age of majority as that is defined in your jurisdiction must use the Site under the supervision of a parent or legal guardian. By visiting the Site or accepting these terms, you represent and warrant to Symmetry that you have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by the Agreement.
3. Disclaimer. You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. The materials on the Sites are not meant to be used as tax or legal advice or to replace the services of a professional advisor or accountant. While Symmetry endeavors to keep the materials on the Sites current, financial and tax information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Symmetry does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or noninfringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer tax or legal advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified professional. Symmetry may from time to time post articles and other information provided by third parties that might be of interest. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Symmetry or endorsed by Symmetry.
5. Use of Site. 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.
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. Otherwise, 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 obtaining permission of Symmetry, except as expressly permitted in this Agreement or permitted under copyright law. You may not frame or use framing techniques to enclose portions of the Site without written permission of Symmetry. You may create a hyperlink to the home page of the Site provided that 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.
6. Restrictions. You will not, and will not allow or authorize others to, use the Site to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Symmetry or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Site or interference with the Site or any servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or attempt to breach the security of or disrupt Internet communications on the Site (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Symmetry’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Site; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Site; or (xiv) are contrary to Symmetry’s public image, goodwill, reputation.
IMPROPER USE OF THE SITE WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
7. 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.
The job board is provided by JobTarget. JobTarget is an independent contractor and not an employee or agent of Symmetry. Symmetry does not warrant, supervise, or control the content posted, the personal information acquired, or the performance of JobTarget, and we specifically disclaim any such warranty.
8. Indemnity. You agree to indemnify, defend and hold harmless Symmetry and their respective affiliates 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 any Indemnified Party in connection with any use or alleged use of the Site under your Access Code 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.
9. Cancellation and Termination of Access to 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.
10. Disclaimer of Warranty. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. SYMMETRY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE. NEITHER SYMMETRY NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; NOR DOES SYMMETRY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
11. Limitation of Liability. IN NO EVENT SHALL SYMMETRY, ITS AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, RESULTING FROM OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE INCLUDING THE CONTENT REGARDLESS OF ANY NEGLIGENCE BY SYMMETRY, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF SYMMETRY, ITS AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS EXCEED $100.00 DOLLARS, REGARDLESS OF THE CAUSE OF ACTION. THIS LIMITATION ON DAMAGES ARE ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND SYMMETRY AND THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SYMMETRY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Governing Law; Venue; Statute of Limitations. 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.
13. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. 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 provision 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.
14. Copyrights. If you believe that 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:
Symmetry’s Copyright Agent for notice of claims of copyright infringement can be reached at:
14350 North 87th Street
Scottsdale, AZ 85260
15. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
17. COPPA. Symmetry does not knowingly solicit data from children 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 that Symmetry receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Symmetry will delete that information from the Sites as quickly as is reasonably practical.
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