PaycheckCity Terms of Use

General

These Terms of Use apply to you if you are a PaycheckCity Payroll customer, a PaycheckCity user, or a visitor to PaycheckCity.com (the “Site”), and governs your use of this site and the tools and services available on the Site (“Services”). Additional terms and conditions apply if you are a PaycheckCity Payroll customer. These terms constitute a binding agreement between you and Symmetry Software LLC and are deemed accepted by you each time you use or access the Site. If you do not accept the terms stated here, you are not permitted to visit or use the Site.

These Terms of Use, together with any additional or changed terms and conditions, including those set forth in the Privacy Policy for the Site, are referred to as this "Agreement." We reserve the right to change the terms any time by reasonable notice, which may be given by posting revised terms on the Site. Consult the most recent version of this Agreement each time that you view the Site. You are not authorized to use the Site in any jurisdiction where this Agreement is not enforceable.

Eligibility

You must be 13 years of age or older to visit or use the Site. If you are at least 13 but under the age of 18 or the age of majority as that is defined in your jurisdiction, you must use the Site under the supervision of a parent or legal guardian. By visiting the Site or accepting this Agreement, you represent and warrant to us 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 this Agreement.

Disclaimer

Materials and Services made available on the Site are provided "as is" for general information only and without warranties of any kind. The materials and Services on the Site are not meant to be used as tax, financial or legal advice or to replace the services of a professional advisor or accountant. Although we try to keep the materials and Services on the Site current, financial and tax information changes rapidly. Therefore, the materials and Services on the Site should not be relied upon to be fully comprehensive or error free. We do 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, Services or other information provided on the Site or by the companies or organizations linked or referred to in the Site. The Site and Services do not offer tax, financial or legal advice or recommendations and you should not rely on the information posted on the Site as a substitute for consultations with a qualified professional. We may from time to time post articles and other information provided by third parties. You acknowledge that the opinions and recommendations of third parties contained on the Site are not necessarily our own and are not endorsed by us.

Paid Subscription Site Registration (where applicable)

The paid subscription version of the Site allows users access to certain Services ("Paid Services") that are only available to users who subscribe and pay subscription fees. To access these Paid Services, you must be registered and provide your email address and unique login code. Your use of the Paid Services is governed by the terms and conditions that you are prompted to accept when creating your account, and those terms and conditions supersede any inconsistent terms of this Agreement when you use the Paid Services, even if you are using those services on a free trial basis. You agree to provide true and accurate information in connection with your registration and to promptly notify us of any changes in the registration information. You are responsible for maintaining the confidentiality of your user name and login codes. You are fully liable for all use of the Site and the Services under your user name and password, including any use by a user not authorized by you who accesses the Site or the Services using your user name and password. You should promptly notify us in writing of any unauthorized use of your account or other breach of security by emailing legal@symmetry.com.

Use of Site

All information on the Site, including without limitation software, code, text, photographs, graphics, logos, links, tutorials, design, images, audio/visual clips, text material, and other material (collectively, the "Content"), are protected by copyright, trademark, trade secrets, or other proprietary or intellectual property rights of us or third parties. Further, all Content is copyrighted as a collective work of Symmetry Software LLC pursuant to applicable copyright law. Any code that we create to generate or display any Content or the pages making up the Site is also protected by copyright, trade secrets, and other intellectual property rights. You may not copy or adapt such code, or otherwise infringe on any of our or any third party's intellectual property rights, and if you do so without permission then you are in breach of this Agreement.

We authorize you to view and access the unpaid Content and Services available on the Site solely for your personal use but not for any for-profit or commercial activities or purposes or for 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, Services, or Content, in whole or in part, without our permission, except as expressly permitted in this Agreement or required by applicable law. You may not frame or use framing techniques to enclose portions of the Site without our written permission. You must retain all copyright notices, trademarks, service marks, and other notices contained in the original Site content on any authorized copy you make of the Content.

We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site and to collect and 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 our business operations, or (d) protect Symmetry, its users, its customers, or affiliated companies.

Restrictions

You will not, and will not allow or authorize others to, use the Site or Services to take any actions that:

1. infringe on any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
2. violate any applicable law, statute, ordinance or regulation;
3. 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;
4. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on our or our licensors or suppliers' infrastructure;
5. involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines;
6. 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);
7. 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);
8. impersonate any person or entity, including, without limitation, one of our or others’ officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
10. 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;
11. 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;
12. attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Site; or
13. are contrary to our public image, goodwill, reputation.
14. modify, enhance, alter, or prepare derivative works of our or our licensors’ or suppliers’ content, software or infrastructure;
15. decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of our or our licensors’ or suppliers’ software or infrastructure;
16. use the Site or Services to provide information processing, computer service bureau, computer time sharing or similar services to any other party, use the Site or Services for the benefit of a third party, or make the results of your use of the Site or Services available to any third party;
17. use or access the Site or Services to create or offer a competitive product or service; or
18. sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the information or content of the Site or Services (or any part or portion thereof).

Improper Use Of The Site Will Result In Loss Of Your Account Access And May Result In Civil And Criminal Liabilities. Users are encouraged to report abusive or unlawful activity.

Content

The use of Content is intended by us to be directed at individual consumers and not employers or organizations. Content 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) you will use Content solely for your own personal use; (b) unless you are a PaycheckCity Payroll customer, 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. We are not responsible for the Content posted by third-parties on the Site. We do not represent or endorse the accuracy or reliability of any Content posted on the Site and you acknowledge that any reliance upon such Content is 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"). We are 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.

Some of the Site's Services and/or Content is managed by our third party service providers. By using the Site, you agree to the third party service providers' terms and conditions, including but not limited to Auth0, Stripe, Crazy Egg, and Intercom. The links for the terms may be found here:

• https://auth0.com/terms (Auth0)
• https://stripe.com/us/legal (Stripe)
• https://www.crazyegg.com/terms (Crazy Egg)
• https://stripe.com/us/legal (Intercom)
• https://logrocket.com/terms-and-conditions/ (LogRocket)

We will not notify you of changes to these terms.

We use proprietary software code provided by a third party to collect nonpersonal Site visitor information. This code enables us to collect and analyze Site visitors’ activity. The visitor information that is collected enables us to analyze Site visitor actions and may include mouse scrolls and clicks by a Site visitor; keystrokes entered by a Site visitor; and/or pages viewed or visited by a Site visitor, including the duration of such visits. This collected information may also include images of the the Site that are recorded during the visitor's interactions with the Site, such as, by way of example, images of forms displayed or populated by the Site visitor on the Site, or other multimedia content that may be posted by visitors. If you wish to opt out of our collection of Site visitor data, click here and send a request to support@logrocket.com.

Links from and to this Website

You acknowledge and agree that neither we nor our website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by us or our website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information contained within the web pages that are linked to the Site comes from a variety of sources. Some of this information comes from our customers, but much of it comes from unofficial or unaffiliated organizations and individuals. We do not edit or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, content, goods or services available on external sites or resources.

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 us 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 our 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.

Indemnity

You agree to indemnify, defend and hold harmless us and our parents, subsidiaries, 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 or Services by you and by any person using your account, username or login code, 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.

Cancellation and Termination of Access to the Site

We reserve the right, in our sole discretion, to restrict, suspend or terminate access to all or any part of the Site or Services at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site or Services at any time, including the availability of any feature, Service, database, or Content without prior notice or liability.

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, Any Warranties Concerning The Availability, Accuracy, Usefulness, Or Content Of Information, Products Or Services, 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. This Disclaimer Of Liability Applies To Any Damages Or Injury Caused By Any Failure Of Performance, Error, Omission, Interruption, Deletion, Defect, Delay In Operation Or Transmission, Computer Virus, Communication Line Failure, Theft Or Destruction Or Unauthorized Access To, Alteration Of, Or Use Of Record, Whether For Breach Of Contract, Tortuous Behavior, Negligence, Or Under Any Other Cause Of Action.

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, Regardless Of The Cause Of Action. This Limitation On Damages Are Essential To This Agreement 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 Such State Law.

Governing Law; Venue; Statute of Limitations

This Agreement shall be construed in accordance with the laws of the State of Delaware, 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 New Castle County, Delaware. To the maximum extent permitted by applicable law, you agree that any claim against us 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.

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 our copyright agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including reference to the copyright registration number, if applicable;
3. A description of where the material that you claim is infringing is located on the site;
4. Your full name, address, telephone number, and email address;
5. 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;
6. 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.

Our copyright agent for notice of claims of copyright infringement can be reached at:

Legal Department
Symmetry Software LLC
14350 North 87th Street
Suite 310
Scottsdale, AZ 85260
(480) 596-1500
legal@symmetry.com

International Use

Paycheck City and Paycheck City Payroll are designed for use by residents of the United States only. 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.

Privacy Policy

As part of this Agreement, your use of the Site is subject to our Privacy Policy, available at https://www.paycheckcity.com/legal/privacy which is incorporated herein by reference. We are committed to protecting your personal data in accordance with applicable United States data protection laws. Please consult the Privacy Policy to learn about your rights with respect to our collection and processing of your data.

COPPA

We do not knowingly solicit data from children or knowingly market to children under age 13. If we receive actual knowledge that we have collected childrens’ personal information without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

IRS Circular 230 Notice

Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.